Written by: Sarah Barickman, Esq.
Part II 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.
In Part I of this series, we outlined the key features of Florida’s new Contracts Honoring Opportunity, Investment, Confidentiality and Economic Growth Act (the “CHOICE Act”). This follow-up focuses on practical questions employers are already asking as they consider implementing and enforcing CHOICE Act–covered agreements.
Who Is Covered—and Who Is Not
The CHOICE Act applies only to “covered employees,” defined as high earners making more than twice the annual mean wage of the relevant Florida county. Importantly, health care practitioners are expressly excluded from the Act and remain subject to Florida’s existing noncompete laws.
Agreement Requirements and Strategic Options
To qualify for the Act’s enhanced protections, a noncompete agreement must be in writing, may not exceed four years, and must include written notice of the employee’s right to seek legal counsel along with a minimum seven-day review period. Agreements that fail to meet these requirements will not receive the Act’s favorable presumptions.
The CHOICE Act also formally recognizes garden leave agreements, which allow employers to keep employees on payroll for up to four years following resignation or notice of termination while restricting them from working elsewhere. These agreements may offer employers greater control, particularly for senior or highly sensitive roles.
Enforcement Flexibility and Remaining Limits
Covered agreements benefit from significant enforcement advantages, including the elimination of geographic limitations and the ability for employers to unilaterally reduce the agreement’s term with at least 30 days’ written notice. However, if an agreement does not qualify under the CHOICE Act, it will be governed by Florida’s existing restrictive covenant law, which imposes stricter limits and places the burden of proof squarely on the employer.
Conclusion
The CHOICE Act presents meaningful opportunities for employers, but only where agreements are carefully drafted and strategically implemented. Employers should review templates, evaluate employee eligibility, and consult counsel to ensure compliance and maximize enforceability under Florida’s evolving noncompete framework.
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.
