Florida non-compete law

Pay figure in the law

Under the 2025 CHOICE Act, a 'covered employee' earns or is expected to earn a salary greater than twice the annual mean wage of the relevant Florida county; health care practitioners are excluded.

Separate rules for professions

physicians

Statutes and official texts quoted

Fla. Stat. § 542.335(1); Fla. Stat. § 542.335(1)(a); Fla. Stat. § 542.335(1)(b); Fla. Stat. § 542.335(1)(d)(1); Fla. Stat. § 542.335(1)(g)(1); Fla. Stat. § 542.335(1)(c); Fla. Stat. § 542.335(1)(k); Fla. Stat. § 542.336; Fla. Stat. § 542.43(3); Fla. Stat. § 542.43(6); Fla. Stat. § 542.45(2)(a), (3); Fla. Stat. § 542.45(5)(a); Fla. Stat. § 542.45(1); Fla. Stat. § 542.45(5)(d); Fla. Stat. § 542.41 (history)

Is a non-compete allowed?

Florida allows enforcement of contracts restricting competition if they are reasonable in time, area, and line of business.

“enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited.”
Fla. Stat. § 542.335(1)

Pay thresholds

Under the 2025 CHOICE Act, a 'covered employee' earns or is expected to earn a salary greater than twice the annual mean wage of the relevant Florida county; health care practitioners are excluded.

““Covered employee” means 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 in this state in which the covered employer has its principal place of business, or the county in this state in which the employee resides if the covered employer’s principal place of business is not in this state. The term does not include a person classified as a health care practitioner as defined in s. 456.001.”
Fla. Stat. § 542.43(3)

Notice and signing

A court may not enforce a restrictive covenant unless it is in a writing signed by the person against whom enforcement is sought.

“A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.”
Fla. Stat. § 542.335(1)(a)

A covered noncompete must be provided at least 7 days before the offer expires, and the employee must be advised in writing of the right to seek counsel.

“A covered employer must provide a proposed covered noncompete agreement to: (a) A prospective covered employee at least 7 days before an offer of employment expires; or (b) A current covered employee at least 7 days before the date that an offer to enter into a covered noncompete agreement expires.”
Fla. Stat. § 542.45(2)(a), (3)

Health care and other professions

A restrictive covenant with a physician practicing a specialty in a county where one entity employs or contracts with all physicians in that specialty is not supported by a legitimate business interest.

“A restrictive covenant entered into with a physician who is licensed under chapter 458 or chapter 459 and who practices a medical specialty in a county wherein one entity employs or contracts with, either directly or through related or affiliated entities, all physicians who practice such specialty in that county is not supported by a legitimate business interest.”
Fla. Stat. § 542.336

What the employer must protect

A restrictive covenant not supported by a legitimate business interest is unlawful, void, and unenforceable.

“Any restrictive covenant not supported by a legitimate business interest is unlawful and is void and unenforceable.”
Fla. Stat. § 542.335(1)(b)

Limits on length and area

For a former employee (not tied to a sale of business), courts presume a restraint of 6 months or less reasonable and more than 2 years unreasonable; these presumptions are rebuttable.

“a court shall presume reasonable in time any restraint 6 months or less in duration and shall presume unreasonable in time any restraint more than 2 years in duration.”
Fla. Stat. § 542.335(1)(d)(1)

A 'covered noncompete agreement' under the CHOICE Act may last up to 4 years within the geographic area defined in the agreement.

““Covered noncompete agreement” means a written agreement, or a portion of a written agreement, between a covered employee and a covered employer in which, for a period not to exceed 4 years and within the geographic area defined in the agreement,”
Fla. Stat. § 542.43(6)

If it is challenged

In deciding enforceability, a court may not consider individualized economic or other hardship to the person against whom enforcement is sought.

“Shall not consider any individualized economic or other hardship that might be caused to the person against whom enforcement is sought.”
Fla. Stat. § 542.335(1)(g)(1)

If a restraint is overbroad or overlong, the court must modify it and grant only the relief reasonably necessary.

“If a contractually specified restraint is overbroad, overlong, or otherwise not reasonably necessary to protect the legitimate business interest or interests, a court shall modify the restraint and grant only the relief reasonably necessary to protect such interest or interests.”
Fla. Stat. § 542.335(1)(c)

Absent a contract term, a court may award attorney's fees and costs to the prevailing party in an action to enforce or challenge a restrictive covenant.

“In the absence of a contractual provision authorizing an award of attorney’s fees and costs to the prevailing party, a court may award attorney’s fees and costs to the prevailing party in any action seeking enforcement of, or challenging the enforceability of, a restrictive covenant.”
Fla. Stat. § 542.335(1)(k)

On application by the employer, a court must preliminarily enjoin a covered employee from providing services to others during the noncompete period, subject to limited clear-and-convincing defenses.

“Upon application by a covered employer seeking enforcement of a covered noncompete agreement, a court must preliminarily enjoin a covered employee from providing services to any business, entity, or individual other than the covered employer during the noncompete period.”
Fla. Stat. § 542.45(5)(a)

In an action to enforce the CHOICE Act provisions, the prevailing party is entitled to reasonable attorney fees and costs.

“In any action to enforce this section, the prevailing party is entitled to reasonable attorney fees and costs.”
Fla. Stat. § 542.45(5)(d)

Which state’s law and court

The CHOICE Act applies to covered employees with a primary place of work in Florida regardless of any choice-of-law provision, or to Florida-based employers whose agreement is expressly governed by Florida law.

“A covered noncompete agreement with a covered employee who maintains a primary place of work in this state, regardless of any applicable choice of law provisions; or (b) A covered noncompete agreement with a covered employer whose principal place of business is in this state and which agreement is expressly governed by the laws of this state.”
Fla. Stat. § 542.45(1)

When the rules took effect

The CHOICE Act sections were enacted by chapter 2025-213, Laws of Florida.

“This part may be cited as the “Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act.” History. — s. 2, ch. 2025-213.”
Fla. Stat. § 542.41 (history)

Federal rules

On September 5, 2025, the FTC moved to dismiss its appeals in Ryan, LLC v. FTC and Properties of the Villages v. FTC and to accede to vacatur of the Non-Compete Clause Rule. FTC press release, Sept. 5, 2025

The FTC's final rule removes the Non-Compete Rule (16 CFR part 910) from the Code of Federal Regulations. 91 Fed. Reg. (Feb. 12, 2026), FR Doc. 2026-02866

Before you sign, or before you assume you are bound

1. Find every restrictive clause: non-compete, non-solicitation, no-hire and confidentiality are separate promises with separate rules.
2. Note how long each lasts and what area or customers it covers.
3. Check which state’s law the agreement picks and where disputes must be heard.
4. Compare your pay and your job with the Florida rules above.

Check your state with the non-compete checker.

Common questions

Are non-competes enforceable in Florida?

Florida allows enforcement of contracts restricting competition if they are reasonable in time, area, and line of business. (Fla. Stat. § 542.335(1)).

Is there a salary threshold for non-competes in Florida?

Under the 2025 CHOICE Act, a 'covered employee' earns or is expected to earn a salary greater than twice the annual mean wage of the relevant Florida county; health care practitioners are excluded. (Fla. Stat. § 542.43(3)).

Does Florida have special non-compete rules for health care workers or other professions?

A restrictive covenant with a physician practicing a specialty in a county where one entity employs or contracts with all physicians in that specialty is not supported by a legitimate business interest. (Fla. Stat. § 542.336).