SB 922 – Employment Agreements (Florida CHOICE Act)

• Creates the "Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act" as Part II of Chapter 542, F.S., establishing a new legal framework for noncompete and "garden leave" agreements for high-earning employees making more than twice the annual mean wage of the applicable county, excluding health care practitioners.

• Authorizes "covered garden leave agreements" of up to 4 years requiring advance notice before terminating employment, during which the employer must continue paying the employee's salary and benefits; after the first 90 days of the notice period, the employee is not required to perform work.

• Authorizes "covered noncompete agreements" of up to 4 years restricting a departing employee from assuming a similar role or using confidential information/customer relationships within a defined geographic area, with the noncompete period reduced day-for-day by any nonworking portion of a garden leave notice period.

• Requires courts to issue preliminary injunctions upon an employer's application alleging a breach, placing the burden on the employee or hiring entity to show by clear and convincing evidence that the agreement should not be enforced; prevailing employers may recover all available monetary damages, and the prevailing party in any enforcement action is entitled to reasonable attorney fees and costs.

• Requires employers to provide proposed agreements at least 7 days before offer expiration, advise employees in writing of the right to seek counsel, and obtain written acknowledgment of receipt of confidential information or customer relationships; the act takes effect July 1, 2025.