Florida has long been a state where restrictive employment agreements—non-competes and garden-leave clauses—were enforceable under certain conditions. But on July 1, 2025, a major shift took place with the enactment of the CHOICE Act (Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth). This new law significantly changes the landscape for both high-earning employees and employers by expanding the scope and enforceability of these agreements.
Whether you’re a senior executive contemplating a move, a growing employer seeking to protect trade secrets, or an attorney advising clients in Pinellas County, it’s vital to understand these new rules. At McGuire Law Offices, we help you navigate the complexities of Florida employment law and contractual obligations.
What the CHOICE Act Changes
1. Expanded Definition & Coverage
The CHOICE Act applies to covered employees—those earning above a threshold (generally more than twice the county’s mean wage) or anticipated to do so. It also covers individual contractors under similar terms.
2. Extended Duration: Up to Four Years
Under prior Florida statute (§ 542.335) non-competes longer than two years were often considered unreasonable. The CHOICE Act now allows covered non-compete or garden-leave agreements up to four years, a significant change.
3. Garden Leave Agreements Permitted
The Act formalizes “covered garden leave agreements,” where an employer and covered employee agree to an advanced notice period (up to four years) during which the employee is essentially on leave (still paid) and restricted from working elsewhere.
4. Presumption of Enforceability & Burden Shift
One of the most impactful changes: for these “covered” agreements, courts must presume enforceability and issue preliminary injunctions if the employer shows likely violation. The employee must then overcome that presumption.
Why This Matters for Employees & Employers
Employees: If you’re bound by an old or new non-compete, you may now face longer restriction periods, and less room to negotiate fewer limitations. Before accepting or signing agreements, you’ll want legal review.
Employers: The CHOICE Act offers stronger tools to protect confidential information and client relationships—but there are detailed procedural requirements (e.g., giving the employee at least seven days to review, acknowledging their right to counsel).
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Recruiting and Retention: Florida is positioning itself as a business-friendly state. These changes can affect mobility, startup risk, and how talent is managed.
Why Parenting Plans Matter More During the Holidays
A well-drafted parenting plan can prevent last-minute arguments by clearly stating:
- Exact pickup and drop-off times.
- Which holidays are shared or alternated.
- Rules for extended breaks, such as winter or spring break.
- Travel permissions (especially if a parent wants to take the child out of state).
Without these details, holiday disagreements can quickly escalate and create unnecessary stress for children caught in the middle.
Key Practical Considerations
- Drafting: Ensure written agreements explicitly identify covered employees, meet notice requirements, and clearly define restricted activities and geographic/scope limitations.
- Reviewing Existing Agreements: Many pre-July 2025 non-competes may still be governed by old law—compare terms, consider modification.
- Challenging The Agreement: Even with the CHOICE Act, employers must meet all requirement criteria; failure may render a non-compete unenforceable.
- Geographic Scope & Reasonableness: Although the Act loosens previous strictures, the reasonableness of restrictions (scope, duration, territory) still matters.
- Healthcare Practitioner Exception: Note that certain healthcare practitioners are excluded from the Act’s enhanced rules.
The landscape of employment contracts in Florida has shifted dramatically. Whether you’re an executive facing a restrictive covenant, a business owner looking to protect trade secrets, or someone navigating contract negotiations—understanding the CHOICE Act is essential. At McGuire Law Offices, we offer tailored guidance to help you assess, draft, negotiate, or litigate these agreements.
Call McGuire Law Offices Today for a Free Consultation
Call McGuire Law Offices today at 727-446-7659 to schedule a confidential consultation. Our legal team will review your agreement, explain how Florida’s CHOICE Act applies to your situation, and protect your interests before you sign—or if you’re already facing enforcement.
Whether you’re an executive negotiating a contract, a professional restricted by a non-compete, or a business owner seeking to safeguard proprietary information, we provide the strategic insight and experienced representation you need. Don’t leave your livelihood to chance. Protect your career, your business, and your future with McGuire Law Offices—your trusted employment and contract attorneys in Clearwater and Pinellas County.