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Articles + Publications June 18, 2025
Pending expected approval from Gov. Ron DeSantis, Florida’s Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act (summary available here) is expected to go into effect on July 1, 2025. Once in place, the CHOICE Act will significantly strengthen the ability of employers to protect their workforce, confidential information, and other business interests.
Going against the strong current of recent state legislation and federal efforts to limit the enforceability of similar agreements, Florida’s CHOICE Act would further enhance Florida’s already favorable landscape for drafting and enforcing non-compete agreements. While the CHOICE Act is more employer-friendly than the general trend elsewhere, employers with operations or workers in Florida still must satisfy the CHOICE Act’s specific requirements to take advantage of its protections.
What does the CHOICE Act do?
The CHOICE Act allows covered non-compete and garden leave agreements in Florida to extend up to four years from separation of employment. Courts are required to issue preliminary injunctions to enforce covered agreements unless the employee or contractor demonstrates the agreement is unenforceable or unnecessary to prevent unfair competition. The CHOICE Act places a high burden on employees and prospective new employers who attempt to dissolve or modify an injunction enforcing a covered non-compete or garden leave agreement.
Importantly, the CHOICE Act does not modify Florida’s existing non-compete statute, so any non-compete agreements which do not meet the CHOICE Act’s requirements may still be enforceable if they contain reasonable restrictions and meet a legitimate business interest such as protecting trade secrets.
Who does the CHOICE Act apply to?
The CHOICE Act applies to:
The CHOICE Act does not apply to standalone confidentiality or non-solicitation agreements that do not contain non-competition restrictions.
Covered Non-Compete Agreements
Covered non-compete agreements under the CHOICE Act can restrict a covered employee from working for another employer up to four years after separation of employment in any geographic area if the individual is providing services for their new employer similar to the services they performed for the covered employer. Under the CHOICE Act, non-compete agreements do not require a reasonable geographic scope so long as any geographic scope is specified in the agreement.
To be enforceable under the CHOICE Act, the covered non-compete provision must:
Covered Garden Leave Agreements
The CHOICE Act authorizes garden leave agreements, which allows employers to require covered employees to provide advance notice (up to four years) before employment is terminated. During this garden leave period, employees remain on their employer’s payroll at their base salary (though discretionary bonuses aren’t required) and continue to receive benefits. Employers may still require the covered employee to continue working during the first 90 days of the garden leave period. After the initial 90-day garden leave period, covered employees may engage in non-work activities for the remainder of the notice period, including working for another employer with permission from the covered employer.
Similar to covered non-compete agreements, garden leave agreements require:
Employers may reduce the salary and benefits of employees who engage in undefined “gross misconduct” during the garden leave/notice period and such reduction will not be considered a breach by the employer. Relatedly, covered employers may reduce the notice period if they provide at least 30-days’ advance notice in writing to the covered employee.
Best Practices For Employers With Florida Operations Or Florida Employees
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October 15 – 16, 2025
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225 Dyer Street, Providence, RI
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PLI Broker/Dealer Regulation and Enforcement 2025
October 9, 2025 | 4:00 PM – 5:00 PM ET
1177 Avenue of the Americas, Entrance on 45th Street, New York, NY 10036
Leading the energy evolution.
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From compliance to the courtroom, we have you covered.
Learn more
Helping you focus on what matters – improving human health.
Learn more
Trusted advisors to leading insurers for 100+ years.
Learn more
Unlocking value in the middle market and beyond.
Learn more
Full-service legal advice from coast to coast.
Learn more
Applying radical applications of common sense
Explore More
Our standard-setting client experience program.
Explore more
Delivering life-changing help to those most in need.
Explore More
Our firm’s greatest asset is our people.
Explore More
Market-leading eDiscovery and data management services.
Explore more
The Pepper Center for Public Services
Explore more
Strategies helps businesses and individuals solve the complexities of dealing with the government at every level. Our team of specialists concentrate exclusively on government affairs, representing clients nationwide who need assistance with public policy, advocacy, and government relations strategies.
This unique program provides innovative and affordable opportunities to startups and early-stage emerging companies with a solid technology or scientific foundation. We help companies that have a quality management team in place and do not have other significant legal representation.
eMerge’s lawyers and technologists work together to deliver strategic end-to-end eDiscovery and data management solutions for litigation, investigations, due diligence, and compliance matters. We help clients discover the information necessary to resolve disputes, respond to investigations, conduct due diligence, and comply with legal requirements.
Stay ahead of the curve and in touch with our latest thinking on the issues that are top of mind across our practices and industry sectors.
Change happens fast in today’s turbulent world. Stay on top of the latest with our industry-specific channels.
Take a closer look at how we partner with clients to help them realize their goals.