Florida Expands Non-Compete Enforceability

Florida's new Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act, also known as the CHOICE Act, made it easier for employers to enforce legitimate business interests with covered garden leave agreements and covered noncompete agreements. The two most significant changes are:

1. Protections can be extended for up to four years; and
2. Courts are required to issue preliminary injunctions to enforce the protections unless the employee or contractor can demonstrate, by clear and convincing evidence, that the agreement is unenforceable or unnecessary to prevent unfair competition.

The CHOICE Act applies to covered employees or independent contractors earning more than twice the annual mean wage in the Florida county where either (i) the covered employer's principal place of business is located or (ii) where the covered individual resides if the covered employer's business is located outside of Florida. It does not cover healthcare