New Florida Non-Compete Agreement Law Update: House Bill 1219 “CHOICE Act”

This session introduces Florida’s new CHOICE Act and its relationship to the existing restraint on trade statute (542.335). Attendees will learn what CHOICE stands for, key distinctions from prior law, the definition of garden leave, and how the bill became law without the governor’s signature.

This session provides a detailed side-by-side comparison of the existing 542.335 statute and the new CHOICE Act. Topics include threshold requirements, reasonableness standards, legitimate business interests, burden of proof differences, injunction standards, and how both statutes will coexist going forward.

Employers will receive actionable recommendations for drafting non-competes after the CHOICE Act’s effective date. The session covers notice language requirements, separating agreement types, acknowledgment checkboxes, salary monitoring for eligibility, and HR compliance steps including exit processes and document storage.

This session examines the defenses available to employees under both statutory frameworks. Attendees will learn about the heightened clear and convincing evidence standard under the CHOICE Act, notice requirements as potential defenses, and the increased litigation risks employees face when challenging non-competes.

The final session addresses open questions including the meaning of ‘similar services,’ garden leave requirements, and choice of law issues. Attendees will explore which industries are most affected, anticipated constitutional challenges, and how courts may interpret the mandatory injunction standard.