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On July 1, 2025, a major new law took effect in Florida called the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth or “CHOICE” Act. While the name sounds positive, this law is devastating for workers by giving businesses an overwhelming amount of control over their future job opportunities. If you are an employee or independent contractor in Florida making around $120,000 a year or more, this new law could eliminate your ability to take a new or better job if you sign a qualifying non-compete or garden leave agreement.
A non-compete is a contract clause that prevents someone from working for a competitor or starting a competing business for a certain period of time after leaving their job, regardless of the reason their employment ends. Even an employee laid off through no fault of their own can be prevented from finding replacement work in their field.
The CHOICE Act allows employers to enforce non-compete and garden leave agreements on workers who make at least twice the “mean wage” for a particular county, which will change over time and differ depending on location across the state. Under the new law, non-compete or garden leave agreements need only give a worker 7 days to review the agreement and inform them they should seek legal counsel. Most workers will not understand the ramifications of entering into these agreements until it is too late.
Florida’s existing non-compete statute (which remains in effect) is probably the most employer-friendly non-compete statute in the country, but at least it required the business to prove its restrictions are supported by a legitimate business interest and reasonable in time and geographic scope. The law even presumed a restriction lasting more than two years was unreasonable when applied to an employee who did not have an ownership interest in the business, among other conditions.
With the CHOICE Act, Florida lawmakers have taken those employee safeguards and tossed them in the garbage, while giving Florida businesses the right to restrain former workers for up to four years! The Choice Act also fast-tracks enforcement for the employer, and requires the worker to present “clear and convincing evidence” to challenge the agreement in court, an extremely high legal standard. The cost of litigating these agreements can exceed the yearly salary of most workers, and while the individual is out of work, skills can grow stale, and marketability plummets.
Bottom line – do not sign anything without understanding it. The clauses can be in stand-alone agreements, or part of employment contracts, bonus or stock option agreements, or tucked into other documents. Learn more about the CHOICE Act here. If you are presented with any kind of document your employer wants you to sign, seek the help of a qualified employment attorney to understand your rights. You can make an appointment with Amanda here.
