Florida’s new noncompete legislation—the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act, also known as the CHOICE Act—took effect on July 1, 2025. Designed to support employers, this law expands the enforceability of restrictive covenants for certain high-earning, non-licensed employees, while preserving the state’s existing rules for licensed healthcare providers.
If you own or operate a medical spa in Florida, understanding this new law is essential for protecting your business—especially when it comes to sales reps, managers, and other non-clinical personnel who have access to your client base, marketing strategies, or proprietary tools.
Who the CHOICE Act Covers (and Doesn’t)
Covers:
The CHOICE Act applies to “covered employees”, defined as:
- Employees or independent contractors who earn more than twice the average annual wage in a specified Florida county.
- The relevant county depends on where the business is located or where the employee resides:
- If the employer is based in Florida: the county is where the main office is located.
- If based outside Florida: the county is where the employee lives.
Does Not Cover:
The law does not apply to licensed healthcare providers governed by Fla. Stat. § 456.001, including:
- Physicians (MD/DO)
- Nurse Practitioners (NPs)
- Physician Assistants (PAs)
- Registered Nurses (RNs)
- Licensed Practical Nurses (LPNs)
- Chiropractors (DCs)
For these licensed providers, noncompete and other restrictive agreements remain governed by Florida’s existing statute, Fla. Stat. § 542.335.
What the CHOICE Act Allows Employers to Do
For eligible high-earning, non-clinical employees, the CHOICE Act strengthens the enforceability of restrictive covenants, including:
Noncompete Agreements
Employers may prohibit a covered employee from:
- Working for a competing business in a similar role.
- Using confidential business information to benefit a competitor.
Key requirements:
- Must be in writing.
- Limited to four years in duration.
- Must specify a geographic area.
- Must include employee acknowledgment of:
- Exposure to confidential business information, or
- Relationships with customers or referral sources.
Garden Leave Agreements
Employers may require employees to provide up to four years’ notice before termination. During this period:
- Employees receive full salary and benefits, even if not actively working.
- The contract must comply with disclosure, notice, and execution requirements under the CHOICE Act.
Mandatory Injunctions
If an employer sues to enforce a CHOICE Act-compliant agreement, the court must issue a preliminary injunction, forcing the employee to immediately stop the competing activity. The burden then shifts to the employee to prove—by clear and convincing evidence—that they have not violated (and will not violate) the agreement. This is a very high barfor former employees to overcome.
What This Means for Florida Med Spa Owners
If you operate a med spa in Florida, here’s what you need to know:
- Contracts with licensed medical staff (like injectors, NPs, PAs, and RNs) are not affected by the CHOICE Act. You must still follow the rules set forth in Fla. Stat. § 542.335.
- Contracts with non-licensed, high-earning team members (like salespeople, operations leaders, or marketing managers) can now be more restrictive, if they meet the CHOICE Act’s requirements.
- You now have stronger legal tools to protect your business if a key non-clinical employee leaves and attempts to compete or misappropriate your confidential information.
Next Steps: Review and Update Your Agreements
Now is the time to:
- Reevaluate your existing employment and contractor agreements.
- Make sure your noncompete clauses are tailored to each role and compliant with the new law.
- Work with legal counsel to design enforceable contracts that protect your investment in training, marketing, and client acquisition.
How Lengea Law Can Help
At Lengea Law, we specialize in legal and regulatory support for med spas and aesthetic practices. We can:
- Draft CHOICE Act-compliant agreements for non-clinical staff.
- Review and revise your existing employment and independent contractor contracts.
- Ensure your business is protected while staying compliant with Florida law.
Contact us today to make sure your contracts reflect the latest legal protections available to your business.