Florida’s New CHOICE Act Brings Stronger Protections – For Employers Who Take Advantage of Them
By: Barry E. Haimo, Esq.
August 20, 2026
Our state has made a big move in favor of employers with the passage of the CHOICE Act. This new law strengthens non-compete agreements and gives businesses more tools to protect their teams, clients, and confidential information.
What Does the CHOICE Act Change About Non-Competes?
In simple terms, this new law makes it easier for employers to enforce non-compete agreements, especially for higher-paid employees.
Higher-paid refers to an employee or independent contractor who earns, or is reasonably expected to earn, a salary greater than twice the annual mean wage of the relevant Florida county. This is measured by the employer’s principal place of business, or the employee’s county of residence if the employer is based outside Florida.
It also allows for longer restrictions (up to four years in some cases) and introduces something called “garden leave.” This is where an employee can be required to stay on payroll for a period of time after giving notice, but cannot go work for a competitor.
Why Does This Matter for Your Business?
Previously, non-compete agreements were often challenged in court, and judges had broad discretion in deciding whether they were reasonable. But if your agreement meets certain requirements under the CHOICE Act, courts are much more likely to enforce it.
That means more certainty and stronger protection for:
- Trade secrets and confidential information
- Client relationships
- Key employees and leadership
What Should You Do Now?
Revisit your current employment agreements. Many existing non-competes may not take full advantage of the new law.
Using this law effectively requires adjusting your onboarding and talent management workflows. Because the CHOICE Act demands strict technical compliance, including giving candidates at least seven days to review the agreement and explicitly advising them to seek legal counsel, your hiring process must adapt.
Update your offer-letter timelines now so you don’t accidentally void these powerful protections. Additionally, identify your top tier of talent today. Standardizing these agreements for new executive hires, or offering them to current key leaders alongside their next merit or promotion cycle, secures your competitive edge.
Additionally, updating your agreements now can put your business in a much stronger position if an employee leaves.
A Win for Florida Employers – If You Use It Correctly
The CHOICE Act is a big win for Florida employers, but it only works if your agreements are properly drafted. Taking a proactive approach now can help you avoid issues later and better protect what you’ve built.
Want help reviewing or updating your agreements? Our team is here to guide you.
