Written by: Sarah Barickman, Esq.
Part I of a two-part series exploring how Florida’s new CHOICE Act impacts the enforcement of restrictive covenants and what employers should know as the law takes effect.
Florida’s new CHOICE Act (Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth Act) represents a major shift in how restrictive covenants are enforced. Effective July 1, 2025, this law introduces employer-friendly provisions that significantly impact noncompete and garden leave agreements. In this blog, we’ll explore what the CHOICE Act means for employers, why it matters, and steps you should take now to prepare.
Why the CHOICE Act Matters
The CHOICE Act changes the enforcement landscape for restrictive covenants in Florida. Unlike previous laws, it presumes enforceability for certain agreements and mandates courts to issue preliminary injunctions against covered employees who violate these agreements. This shift places a heavier burden on employees to prove why an agreement should not be enforced.
Key Provisions of the CHOICE Act
The Act applies only to high-earning employees—those earning more than twice the annual mean wage of the county where the employer’s principal business is located. It covers noncompete agreements up to four years and garden leave agreements with similar restrictions. Employers must provide written notice of the right to seek legal counsel and allow at least seven days for review before signing.
Impact on Employers and Employees
Employers gain significant leverage under the CHOICE Act, including the ability to enforce longer noncompete periods and shift the burden of proof to employees. However, compliance is critical—failure to meet notice and acknowledgment requirements could render agreements unenforceable.
Compliance Steps for Employers
-
Review existing agreements and identify which will fall under the CHOICE Act.
-
Update templates to include mandatory notice and acknowledgment provisions.
-
Train HR and legal teams on new requirements.
-
Consider compensation thresholds when drafting agreements.
-
Consult with legal counsel to ensure compliance.
Sarah Barickman is a Partner at Barakat + Bossa PLLC, where she advises employers on a wide range of labor and employment matters, including wage and hour compliance, employee classification, workplace policies, and employment-related regulatory issues. She may be reached at sbarickman@b2b.legal.
This post is intended to provide you with general information regarding Florida’s CHOICE Act, yet its content does not constitute specific legal advice. For guidance tailored to your situation, please contact our team directly.
