On April 24, 2025, the Florida House and Senate passed the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, designed to foster economic growth, protect business interests, and enhance the state’s investment climate by strengthening protections for covered employers with covered noncompete and garden leave agreements. If signed by Gov. DeSantis, the CHOICE Act would take effect on July 1, 2025.

CHOICE Act Takeaways

d. The notice period may be reduced if the covered employer provides at least 30 days’ advance notice in writing to the covered employee.

Notably, the Act (1) applies to nonresident covered employees employed by a Florida based employer; and (2) excludes from the definition of salary, discretionary incentives or awards and anticipated but indeterminable compensation like bonuses, tips, and commissions, among other excluded items.

What about noncompete laws in states where covered employees reside?

Enforcement of Covered Agreements

– the subsequent employer is not engaged in, or preparing to engage in, a similar business as the covered employer within the restricted geographic area.

Considerations for Employers