Non-compete agreements for BCBAs and RBTs in Florida after the CHOICE Act

In 2025 Florida added the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act to chapter 542 of its statutes, sections 542.41 to 542.45⁴. A covered noncompete agreement bars the worker, for up to 4 years and within a geographic area set in the agreement, from a role with services similar to those of the previous 3 years or where they would likely use the employer’s confidential information or customer relationships¹. A covered garden leave agreement sets up to 4 years of advance notice before the job ends, while the employer keeps paying the same salary and benefits¹.

You will see two start dates. The session law says the act takes effect July 1, 2025, and records that it became law without the Governor’s approval on July 3, 2025⁴. Which date controls for an agreement signed on July 1 or 2, and whether the act reaches older agreements, are questions the text does not answer. Ask a lawyer.

The act applies only to a covered employee: an employee or individual contractor who earns, or is reasonably expected to earn, a salary greater than twice the annual mean wage of the county where the employer has its principal place of business, or where the worker lives if the employer is based outside Florida¹. Salary means annualized base pay. Among other items, it excludes health or retirement benefits, severance, expense reimbursement, discretionary incentives or awards, and anticipated but indeterminable pay such as tips, bonuses or commissions¹.

One wrinkle: the definitions describe the annual mean wage as the Bureau of Labor Statistics figure for all occupations in the state¹. A House staff analysis says a committee change clarified that the county’s wage is meant, but adds that it is not an official statement of legislative intent⁵. Which figure applies to you is a question for counsel.

The act excludes “a person classified as a health care practitioner as defined in s. 456.001”¹. That definition lists people licensed under specific chapters, among them chapters 457 to 467, 490 and 491⁶. Behavior analysts appear in chapter 393, which lets the state certify them and requires it to recognize certification awarded by a nonprofit corporation that follows national credentialing standards⁷; chapter 393 is not on the list⁶.

More context: does Florida require a license for behavior analysts?

A covered non-compete is fully enforceable when these conditions are met²:

1. Notice of counsel. Before signing, the worker was told in writing of the right to seek counsel².
2. 7 days. A candidate gets the proposal at least 7 days before the job offer expires; a current employee, at least 7 days before the offer to sign expires².
3. Written acknowledgment. The worker acknowledges in writing that the job gives them confidential information or customer relationships².
4. Garden leave credit. The non-compete period shrinks day for day by any nonworking part of a garden leave notice period².

The section applies when the worker’s primary place of work is in Florida, whatever law the contract picks, or when a Florida-based employer expressly chose Florida law; if it conflicts with another law, it governs². A covered garden leave agreement must let the worker stop working after the first 90 days of notice³.

When the employer asks, the judge must issue a preliminary injunction against the worker and must also enjoin any new employer from engaging them during the noncompete period². It can be changed or lifted only if the worker proves by clear and convincing evidence, using nonconfidential information, that they will not do similar work or use confidential information, that the employer failed to pay what was promised and had a reasonable chance to cure, or that the new business is not in a similar line of work in the agreed area². A written acknowledgment makes the court presume access to confidential information or customer relationships, and the winner recovers reasonable attorney fees and costs².

An agreement that does not meet the CHOICE definitions is governed by section 542.335². That covers any RBT or BCBA below the threshold. Its main rules⁸:

• The covenant must be in a writing signed by the person it is enforced against.
• The employer must prove a legitimate business interest, such as substantial relationships with specific patients or clients, or extraordinary or specialized training. Without one, the covenant is void.
• For a former employee, when the covenant does not rest on trade secrets, 6 months or less is presumed reasonable in time and more than 2 years unreasonable.
• The court may not weigh the worker’s individual hardship, but must consider the effect on public health, safety and welfare.
• The court must narrow an overbroad restraint, a violation is presumed to cause irreparable injury, a temporary injunction requires a bond, and the winner may recover attorney’s fees.

How the public welfare factor plays out in ABA is a question for counsel.

The field data we found are two surveys by the same lead author. In 2020, 33.1% of 610 practicing behavior analysts said their contract had a non-compete, and opinions on its impact were largely unfavorable⁹. In 2023, 37% of respondents currently worked under one, 33% had in the past and 30% never had¹⁰. Effects were mixed: some reported higher pay and a shorter commute, while a concerning number reported litigation, stopping work in ABA in part or completely, turning away clients, or thinking about leaving the field¹⁰. Many owners said they use non-competes to protect trade secrets, avoid losing clients and reduce turnover¹⁰. Both are self-reported surveys, not a rate for the whole profession.

Whatever the contract says, the BACB Ethics Code, which binds BCBAs and BCaBAs, asks them to avoid interrupting services, to include a plan for interruptions in service agreements, and to manage transitions with a written plan listing target dates, activities and responsible parties¹¹.

In the 2026 Florida Statutes, the CHOICE Act sections still read as created by chapter 2025-213¹⁴. The FTC’s federal non-compete rule is gone: a district court found the agency lacked authority and prohibited enforcement, the FTC voted 3-1 on September 5, 2025 to drop its appeals¹², and a final rule effective February 12, 2026 removed it from the Code of Federal Regulations¹³. The FTC says it can still investigate unjustified or overbroad non-competes under Section 5 of the FTC Act, and on September 10, 2025 its chairman urged several large health care employers and staffing firms to review their agreements¹⁴.

This article explains the statutes; it is not legal advice. Whether an agreement is covered, enforceable or wise to sign depends on its text and your facts, and a lawyer must confirm how the law applies to you.