Florida Non-Compete Law: Are These Agreements Enforceable?
Florida is one of the most enforcement-friendly states in the country for non-competes — and a 2025 law made it even more so. Whether your agreement holds up turns on three things: when you signed it, how much you earn, and what you do for a living.
At a glance
- Two Florida laws now govern non-competes. The long-standing statute, § 542.335, covers most workers. A newer 2025 law — the CHOICE Act (§§ 542.41–542.45) — covers higher earners who signed on or after July 1, 2025, and makes those agreements much harder to escape.
- Florida courts generally enforce reasonable non-competes. If a covenant is too broad, a Florida court will usually rewrite it down to what is reasonable rather than throw it out entirely.
- The federal ban never took effect. The FTC's nationwide non-compete rule was blocked in court, the agency dropped its appeals, and the rule was removed from the federal books in 2026. State law controls.
- Licensed health care practitioners are excluded from the new CHOICE Act — their agreements still fall under the older statute.
- Your strongest moment is before you sign. Once a covered agreement is in place, the law tilts heavily toward the employer.
Florida's restrictive-covenant statute. Governs most non-competes: requires a written agreement, a legitimate business interest, and reasonable time, area, and scope.
Effective July 1, 2025. A parallel, employer-friendly framework for "covered employees" above a county wage threshold. Allows non-competes up to four years.
Defines "health care practitioner." The CHOICE Act expressly does not apply to people in this category, including physicians, nurses, and mental-health professionals.
The 2024 federal ban that would have voided most non-competes nationwide. Blocked by courts, never enforced, and formally removed in February 2026.
Which law applies to you?
Florida did not replace its old non-compete law in 2025 — it added a second one on top. So the first question is which framework your situation falls under. Three facts decide it:
1. When was the agreement signed? Agreements entered before July 1, 2025 are generally governed by the older statute, § 542.335. The CHOICE Act applies to covered agreements entered on or after that date.
2. How much does the worker earn? The CHOICE Act reaches only "covered employees" — employees or independent contractors who earn (or are reasonably expected to earn) more than twice the annual mean wage of the relevant Florida county. In most counties that threshold lands somewhere in the range of roughly $80,000 to $150,000, and it is recalculated as wage data updates, so the current figure for a specific county should be confirmed against official sources.
3. What is the worker's profession? Licensed health care practitioners are carved out of the CHOICE Act entirely. Their non-competes — and any agreement that does not meet the CHOICE Act's requirements — remain under § 542.335.
How Florida courts evaluate a non-compete
Under the general statute, a non-compete is not automatically valid just because someone signed it. Here is what a court looks at, in order:
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1
Is it in writing and signed?
Florida requires the restrictive covenant to be in writing and signed by the person it is enforced against. An oral promise not to compete is not enforceable under the statute.
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2
Is there a legitimate business interest?
The employer must point to a real interest the law recognizes — trade secrets, valuable confidential information, substantial relationships with specific customers or clients, customer goodwill, or extraordinary specialized training. A bare desire to avoid ordinary competition is not enough.
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3
Is the duration reasonable?
For a former employee not tied to the sale of a business, a court presumes a restraint of six months or less is reasonable and one longer than two years is unreasonable. These are rebuttable presumptions. Trade-secret-based and sale-of-business covenants are allowed to run longer.
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4
Are the geography and activities reasonable?
The restricted territory and the restricted line of work must be no broader than necessary to protect the legitimate interest. A salesperson who covered two counties generally cannot be barred from the entire state.
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5
What happens if it goes too far?
This is the part most people get wrong. A Florida court is directed to modify an overbroad covenant and enforce only what is reasonable — not strike the whole thing. The statute also leans toward the party seeking enforcement and limits the individual hardship arguments a court may weigh.
"It's too broad, so it can't be enforced" is usually wrong in Florida.
In many states an overreaching non-compete fails completely. Florida is different: the statute instructs courts to blue-pencil — that is, to rewrite an overbroad covenant down to a reasonable scope and enforce that narrowed version. So an agreement that looks unenforceable on its face may still bind you in a trimmed-down form. Overbreadth is a reason to expect modification, not a guarantee of escape.
The CHOICE Act: a tougher rulebook for high earners
For covered employees who signed on or after July 1, 2025, the CHOICE Act changes the math in several ways that all favor the employer:
Longer terms. Covered non-competes can run up to four years — double the two-year line that the older statute presumes unreasonable.
The burden flips. Under § 542.335 the employer must prove the agreement is reasonable. Under the CHOICE Act, a compliant covered agreement is presumed enforceable, and it is the employee who must prove otherwise — by clear and convincing evidence.
Faster injunctions. When an employer applies to enforce a covered agreement, the court is directed to issue a preliminary injunction stopping the worker from competing, which can be dissolved only on a high evidentiary showing.
"Garden leave" as an alternative. Instead of a traditional non-compete, an employer may use a garden-leave agreement: the worker gives up to four years' advance notice before leaving, stays on the payroll at full salary and benefits during that notice period, but agrees not to go work for a competitor. After the first 90 days, the worker generally need not perform active work.
Required formalities. To get the CHOICE Act's enhanced protection, the employer must tell the worker in writing of the right to consult an attorney and give at least seven days to review before the offer expires, and the worker must acknowledge in writing that they will receive confidential information or customer relationships. The prevailing party in an enforcement suit can recover attorneys' fees.
One important limit: the CHOICE Act does not cover confidentiality agreements or non-solicitation agreements. Those remain governed by the older statute and general contract law.
The leverage almost everyone leaves on the table
By the time a dispute reaches a courtroom, Florida law is built to favor the company holding the non-compete. The moment when an individual has the most power is the opposite end of the timeline — before signing, when terms can still be negotiated, narrowed, or declined.
You do not need to hire a lawyer for a full case to use that leverage. A limited-scope (sometimes called "unbundled") attorney engagement — paying for a one-time review of a proposed agreement, or for help responding to a cease-and-desist letter — is a defined task at a defined cost, and it sits in the gap between doing nothing and litigating. For an agreement that could restrict your livelihood for up to four years, a review before you sign is often the highest-value legal dollar you can spend.
Common questions
Didn't the FTC ban non-competes?
No. The Federal Trade Commission issued a rule in 2024 that would have banned most non-competes nationwide, but federal courts blocked it before it ever took effect. The FTC later dropped its appeals and the rule was formally removed from the federal regulations in February 2026.
Enforceability is now governed entirely by state law, which varies enormously — from near-total bans in some states to broad enforcement in Florida. The FTC has said it may still challenge individual agreements case-by-case, but there is no federal ban in force.
I earn below the threshold, or I signed before July 2025. Which law applies?
The older statute, § 542.335. The CHOICE Act reaches only covered employees above the county wage threshold who signed on or after July 1, 2025. Everyone and everything else — lower earners, pre-2025 agreements, confidentiality and non-solicitation provisions — stays under the general statute and common law.
Is my non-compete void because it's too broad?
Probably not void. Florida courts are directed to rewrite an overbroad covenant down to a reasonable scope and enforce the narrowed version, rather than strike it entirely. Overbreadth is a reason to expect modification, not automatic freedom.
Can my employer enforce a non-compete if they fired me?
Possibly. Florida courts have enforced non-competes even where the employee was let go, and the statute limits some of the individual-hardship arguments a court may consider. The circumstances of a termination can matter to the overall analysis, but being fired does not by itself void the agreement. This is fact-specific, and a lawyer can tell you how it applies to your situation.
I'm a nurse or doctor — does the CHOICE Act apply to me?
No. Licensed health care practitioners as defined in § 456.001 — including physicians, chiropractors, nurses, and mental-health professionals — are expressly excluded from the CHOICE Act. Their non-competes remain under § 542.335, and separate rules can also apply to physicians who practice the only specialty of their kind in a county.
What is "garden leave"?
It is an alternative to a traditional non-compete that the CHOICE Act blesses for covered employees. The worker agrees to give long advance notice (up to four years) before leaving and not to join a competitor during that notice period, while the employer keeps paying full salary and benefits. After the first 90 days the worker generally is not required to do active work — they are effectively paid to sit out.
Are non-solicitation and confidentiality agreements the same thing?
No. A non-compete restricts where and in what field you can work. A non-solicitation clause limits whom you can contact (customers or employees), and a confidentiality agreement protects information. They are analyzed differently, and the CHOICE Act does not cover them — they fall under § 542.335 and general contract law.
Can I negotiate a non-compete before signing?
Often, yes — and that is generally the point of greatest leverage. Employers frequently use a standard template, and terms such as duration, geography, and the definition of "competitor" can sometimes be narrowed. Under the CHOICE Act you are entitled to at least seven days to review and to be told you may consult an attorney. Whether and how to negotiate depends on your circumstances and is worth discussing with a lawyer.
Not legal advice. This article provides general, published factual information about Florida law and is not a substitute for advice from a licensed attorney about your specific situation. JusticeXpress Florida is a non-attorney legal document preparation service; it does not practice law, give legal advice, or recommend which forms or strategies you should choose. Laws and wage thresholds change — confirm current figures and rules with official sources or a Florida attorney before acting.