Non-Compete Laws in Florida
Enforceable with limits
Florida enforces non-compete agreements and recently strengthened employer protections. As of July 1, 2025, the CHOICE Act allows non-competes up to 4 years for high-wage earners (earning more than twice the annual wage in their county), creates a presumption of enforceability, and provides for preliminary injunctions against violators. All non-competes must protect a legitimate business interest.
Key details
| Enforceability | Enforceable with limits |
|---|---|
| Blue pencil doctrine | Yes — Florida courts can modify overly broad non-competes to make them enforceable. |
| Key statute | Fla. Stat. Ann. §542.335 |
Recent changes
The CHOICE Act (effective July 1, 2025) significantly strengthened non-compete enforceability for employers, particularly for high-wage earners.
What this means for you
Florida is one of the most employer-friendly states for non-competes. If you signed one, it is likely enforceable if it protects a legitimate business interest. Consult an employment attorney to evaluate your specific agreement.
Non-compete laws in Florida: what you need to know
Florida is one of the most employer-friendly states in the country for non-compete agreements, and the state moved even further in this direction with the CHOICE Act, effective July 1, 2025. While many states have been restricting or banning non-competes, Florida doubled down by creating a new framework that allows non-competes of up to four years for high-earning employees, creates a presumption of enforceability, and shifts the burden to employees to prove an agreement is unenforceable.
The CHOICE Act applies to 'covered employees,' defined as individuals (employees or independent contractors) earning more than twice the annual mean wage in their county. In most Florida counties, this means employees earning approximately $100,000 or more per year. Healthcare practitioners are specifically excluded from the CHOICE Act and remain governed by the existing statute. The Act covers two types of agreements: covered non-compete agreements and covered garden leave agreements, both of which can extend up to four years.
Under the CHOICE Act, courts are required to issue preliminary injunctions against employees alleged to have violated a covered non-compete, unless the employee can prove by clear and convincing evidence (a high standard) that they will not perform similar services or use confidential information. This is a significant shift from the typical standard, where the employer bears the burden of proving that an injunction is warranted. The practical effect is that employees face an uphill battle in challenging CHOICE Act non-competes.
Florida's existing non-compete law under Section 542.335 remains in effect for agreements that do not meet the CHOICE Act definitions, including agreements with lower-wage workers and healthcare practitioners. Under the existing law, non-competes must protect a legitimate business interest and be reasonable in time, area, and line of business. Restrictions of six months or less are presumptively valid, while restrictions exceeding two years are presumptively invalid.
For Florida workers, the landscape is complex. If you earn above the CHOICE Act threshold and signed a compliant agreement, enforcement is very likely. If you earn below the threshold or are a healthcare practitioner, the traditional reasonableness standards apply. Either way, Florida courts have historically been willing to enforce non-competes and can use the blue pencil doctrine to modify overly broad agreements rather than voiding them. If you are subject to a non-compete in Florida, consulting an employment attorney is especially important.
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Frequently asked questions about non-compete laws in Florida
The CHOICE Act, effective July 1, 2025, creates a new framework for non-competes with high-earning employees (those earning more than twice the annual mean wage in their county). It allows non-competes of up to four years, creates a presumption of enforceability, and requires courts to issue preliminary injunctions unless the employee can prove by clear and convincing evidence that no violation will occur.
No. Healthcare practitioners are specifically excluded from the CHOICE Act. They remain governed by Florida's existing non-compete statute, Section 542.335, which requires agreements to be reasonable in time, area, and line of business and to protect a legitimate business interest.
Under the CHOICE Act, covered non-competes can last up to four years. Under the existing statute (for non-covered agreements), restrictions of six months or less are presumptively valid, while restrictions exceeding two years are presumptively unreasonable.
Yes. Florida courts can use the blue pencil doctrine to modify overly broad non-competes and make them enforceable. This means that even if your agreement is overbroad, a court may narrow it rather than voiding it entirely.
Yes. The existing statute under Section 542.335 still applies to agreements outside the CHOICE Act's scope. Your employer must prove a legitimate business interest and the agreement must be reasonable. Florida remains generally employer-friendly for non-compete enforcement.