The ever-evolving U.S. legal landscape surrounding non-compete agreements has changed yet again, with Florida becoming the latest state to adopt sweeping changes to its statutory non-compete framework. Indeed, the Contracts Honoring Opportunity Investment Confidentiality and Economic Growth (CHOICE) Act, which the state legislature passed in April 2025 but took effect on July 1, 2025, represents perhaps the most significant shift ever in Florida non-compete law. Employers in the Sunshine State should immediately begin assessing the impact that the new law will have on workplace relations, including existing and future restrictive covenant agreements.

What changes with the CHOICE Act?

While many states rely on judge-made law to determine whether and to what extent non-compete agreements and other restrictive covenants are enforceable, Florida has long maintained a statutory framework for assessing such issues. Specifically, under Florida Statute § 542.335, courts evaluate the existence of a legitimate business interest and the reasonableness of such restrictions as to time, geography, and line of business. Though this assessment requires an individualized, case-by-case analysis, courts in Florida have, under this statute, often found that non-compete agreements barring competitive activities for up to two years post-employment are enforceable.Continue Reading Florida’s CHOICE Act represents a seismic shift in non-compete law