Florida Non-Competes & the 2025 CHOICE Act

Florida's longstanding statute (Fla. Stat. § 542.335) makes a reasonable non-compete enforceable if the employer pleads and proves a legitimate business interest (trade secrets, confidential information, substantial customer relationships, goodwill, or extraordinary training) and the restraint is reasonable in time, area, and line of business. Restraints over two years are presumed unreasonable.

The CHOICE Act (Fla. Stat. §§ 542.41–542.45, effective July 1, 2025) adds a parallel track for high earners — covered non-competes and "garden leave" agreements up to four years, with a presumption of enforceabilityand mandatory preliminary injunctions. It applies to employees earning more than twice the county's annual mean wage (licensed healthcare practitioners are excluded). Confirm the operative effective date for any new agreement.

The CHOICE Act's strong protections come with conditions — notice and review periods, a right-to-counsel notice, and a written acknowledgment of access to confidential information or customer relationships. Skipping the formalities can cost you the presumption.

Identify the legitimate business interest before drafting, keep ordinary covenants at or under two years, consider the CHOICE Act track for genuinely high earners (and follow its notice/acknowledgment steps to the letter), and have counsel paper the high-stakes agreements.