Are Non-Competes Enforceable in Florida?
Last updated: 2026-10-07 · Verified against the statutes 2026-10-07
Enforceable — statute sets rules
Enforced; CHOICE Act lets high earners be bound up to 4 years
Florida enforces written, signed restrictive covenants that are reasonable in time, area and line of business and protect a legitimate business interest (trade secrets, confidential information, substantial customer relationships, goodwill, specialized training). For employees, 6 months or less is presumed reasonable and more than 2 years presumed unreasonable; courts may not consider the employee's hardship and must modify, not void, an overbroad covenant. The 2025 CHOICE Act lets employers bind employees and contractors earning more than twice the local county mean wage to non-competes or garden leave of up to 4 years, with mandatory preliminary injunctions.
Check a non-compete
Answer a few questions; the result cites the statute behind each point. Rules verified 2026-10-07. Saved only in your browser.
Thresholds are measured differently by state (salary, cash compensation, W-2 box 1).
Enforceable if reasonable
Florida enforces non-competes that protect a legitimate business interest and are reasonable in time, geography and scope.
- Florida: Enforced; CHOICE Act lets high earners be bound up to 4 years. Fla. Stat. 542.335
- Duration: Employees: 6 months or less presumed reasonable, over 2 years presumed unreasonable (trade-secret covenants: 5 years / 10 years). CHOICE Act covered agreements: up to 4 years.. Fla. Stat. 542.335
Other Florida rules to check
- Notice and timing: Covenants must be in a writing signed by the person bound. CHOICE Act agreements must be given at least 7 days before the offer expires, with written advice of the right to counsel and a written acknowledgment of access to confidential information or customer relationships.
- Pay during the restricted period: CHOICE Act 'covered garden leave agreements' may require up to 4 years' notice, during which the employer keeps paying salary and benefits; after 90 days the employee need not work, and any non-compete must be shortened day-for-day by non-working notice time.
- Choice of law and venue: CHOICE Act applies to covered employees whose primary place of work is in Florida regardless of any choice-of-law clause, and to Florida-based employers whose agreements choose Florida law.
- If a court finds it too broad: Courts may narrow an overbroad covenant to what's reasonable.
- Penalties: Courts may award attorney's fees to the prevailing party under 542.335; under the CHOICE Act the prevailing party is entitled to fees, and courts must preliminarily enjoin the employee and a new employer unless rebutted by clear and convincing evidence.
General information, not legal advice. Enforceability also depends on the exact wording, the employer's legitimate interest and the facts; talk to an employment lawyer before relying on it.
Florida non-compete rules
- Statute
- Fla. Stat. 542.335Fla. Stat. 542.41-542.45 (CHOICE Act)Fla. Stat. 542.336 (physician specialists)
- Independent contractors
- Covered by the statute.
- Duration
- Employees: 6 months or less presumed reasonable, over 2 years presumed unreasonable (trade-secret covenants: 5 years / 10 years). CHOICE Act covered agreements: up to 4 years.
- Notice and timing
- Covenants must be in a writing signed by the person bound. CHOICE Act agreements must be given at least 7 days before the offer expires, with written advice of the right to counsel and a written acknowledgment of access to confidential information or customer relationships.
- Garden leave / pay
- CHOICE Act 'covered garden leave agreements' may require up to 4 years' notice, during which the employer keeps paying salary and benefits; after 90 days the employee need not work, and any non-compete must be shortened day-for-day by non-working notice time.
- Choice of law / venue
- CHOICE Act applies to covered employees whose primary place of work is in Florida regardless of any choice-of-law clause, and to Florida-based employers whose agreements choose Florida law.
- Overbroad covenants
- Courts may narrow an overbroad covenant to what's reasonable
- Penalties
- Courts may award attorney's fees to the prevailing party under 542.335; under the CHOICE Act the prevailing party is entitled to fees, and courts must preliminarily enjoin the employee and a new employer unless rebutted by clear and convincing evidence.
Profession-specific rules
- VoidA covenant with a physician who practices a specialty in a county where one entity employs or contracts with all physicians in that specialty is void until 3 years after a second entity begins offering the specialty there. Fla. Stat. 542.336
- LimitedHealth care practitioners (as defined in s. 456.001) are excluded from the CHOICE Act, so their covenants remain under 542.335's general rules. Fla. Stat. 542.43(3)
Recent and pending changes
- July 1, 2025: CHOICE Act (ch. 2025-213, HB 1219) - stated effective date July 1, 2025. It became law without the Governor's signature on July 3, 2025; the Florida Statutes editor's note says the constitutional effective date is August 15, 2025. Fla. Stat. 542.41-542.45 with editor's notes
Federal law
There is no federal ban on employee non-competes. The FTC's 2024 Non-Compete Clause Rule (16 CFR Part 910), which would have voided most non-competes from September 4, 2024, never took effect: a Texas federal court set it aside nationwide on August 20, 2024 (Ryan LLC v. FTC). On September 5, 2025 the Commission voted 3-1 to drop its appeals and accept that ruling, and on February 12, 2026 it formally removed Part 910 from the Code of Federal Regulations. State law therefore decides whether a non-compete is enforceable.
Frequently asked questions
Are non-competes enforceable in Florida?
Enforced; CHOICE Act lets high earners be bound up to 4 years. Florida enforces written, signed restrictive covenants that are reasonable in time, area and line of business and protect a legitimate business interest (trade secrets, confidential information, substantial customer relationships, goodwill, specialized training). For employees, 6 months or less is presumed reasonable and more than 2 years presumed unreasonable; courts may not consider the employee's hardship and must modify, not void, an overbroad covenant. The 2025 CHOICE Act lets employers bind employees and contractors earning more than twice the local county mean wage to non-competes or garden leave of up to 4 years, with mandatory preliminary injunctions.
How long can a non-compete last in Florida?
Employees: 6 months or less presumed reasonable, over 2 years presumed unreasonable (trade-secret covenants: 5 years / 10 years). CHOICE Act covered agreements: up to 4 years.
Did the FTC ban non-competes in Florida?
No. The FTC's 2024 rule never took effect — a federal court set it aside in August 2024, the FTC dropped its appeals in September 2025 and removed the rule from the Code of Federal Regulations in February 2026. State law controls, though the FTC still challenges some non-competes case by case.
Official Sources
Figures checked against these sources on 2026-10-07Other states
Same category (Enforceable — statute sets rules): Alabama, Arkansas, Georgia, Hawaii, Idaho, Louisiana, Michigan, North Carolina
Protect information instead with a confidentiality agreement (NDA generator), or hiring in Florida? Use the offer letter generator.
Not legal advice. Enforceability depends on the agreement's wording and the facts; consult an employment attorney licensed in Florida.