Trade Secrets & Employee Mobility

In May of this year, we reported that Florida was on the cusp of enacting employer-friendly restrictive covenant legislation. Earlier this month, Florida passed that bill, enacting the “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act.” Florida Governor DeSantis did not actually sign the bill; however, in Florida, a bill becomes law if the Governor fails to veto it within the allotted time.  As Governor DeSantis did not veto it, the CHOICE Act became law on July 3, 2025.

As previously reported, the CHOICE Act outlines certain noncompete and garden leave agreement requirements.  As long as the requirements are met, a court “must preliminarily enjoin” a “covered employee” from breaching a noncompete or garden leave agreement if a “covered employer” seeks enforcement of a “covered noncompete agreement” or “covered garden leave agreement.”