For the past 29 years, enforcement of noncompetition agreements in Florida has been governed primarily by Florida Statute § 542.335, which requires the party seeking enforcement of a noncompetition agreement to prove the existence of one or more legitimate business interests that the restriction is designed to protect and that the restriction is reasonably necessary for the protection of the legitimate business interest. These requirements changed with respect to certain noncompetition agreements starting July 1, 2025, with the enactment of the Florida Contracts Honoring Opportunity, Investment Confidentiality and Economic Growth (CHOICE) Act (“the CHOICE Act”). The CHOICE Act strongly favors employers seeking to enforce noncompetition agreements that satisfy the criteria specified in this Act.
Authors:
Richard G. Salazar
Email: richard.salazar@bipc.com
Kelly H. Kolb
Email: kelly.kolb@bipc.com