Work · Non-Compete Agreements
Are Non-Competes Enforceable in Florida?
Whether an employee non-compete holds up in Florida, any income threshold that voids one, the exceptions and carve-outs, and how the state compares after the 2024 to 2025 changes. Cited to the statute or the controlling law.
The rules and exceptions in Florida
What makes a non-compete enforceable here, when it is void, and the carve-outs for particular workers or agreements.
Major 2025 change: the CHOICE Act was passed April 24, 2025 and took effect July 3, 2025, adding four-year non-competes, an enforceability presumption, and garden leave. Confirm the exact codified section, the salary threshold for coverage, and that §542.335 remains the fallback.
| The rule in this state | What it means |
|---|---|
| Reasonable restraint presumed valid | Under the long-standing §542.335, a non-compete with a reasonable time, area, and line of business is enforceable, and the statute directs courts not to construe it narrowly against the employer. |
| CHOICE Act presumption of enforceability | The 2025 CHOICE Act creates a presumption of enforceability for covered agreements and allows non-competes of up to four years, the longest any state statute permits, for higher-earning employees, using garden-leave mechanics. |
| Presumptions of reasonable duration | Outside the CHOICE Act, §542.335 supplies rebuttable presumptions of reasonable duration, commonly up to two years for a former employee. |
| Exceptions and carve-outs | What it means |
|---|---|
| Health-care practitioners | Licensed health-care practitioners are excluded from the CHOICE Act and default back to the §542.335 reasonableness test. |
| Lower-earning employees | The CHOICE Act’s strongest presumptions apply to higher earners above a salary threshold. Below it, the general §542.335 reasonableness test governs, with no salary floor. |
What you can do right now
Concrete, neutral steps if you signed or were asked to sign a non-compete in Florida. This is legal information, not legal advice.
- Assume a reasonable non-compete can be enforced
Florida enforces reasonable non-competes and tells courts not to read them narrowly against the employer. Treat a signed Florida non-compete as likely enforceable until reviewed.
- If you are a higher earner, check the CHOICE Act
The 2025 CHOICE Act allows non-competes up to four years for higher-earning employees, with garden-leave pay. Whether it covers you depends on a salary threshold, so confirm where you fall.
- Health-care practitioners fall under the older rule
Licensed health-care practitioners are excluded from the CHOICE Act and are judged under the §542.335 reasonableness test instead. That distinction can change your exposure.
- Talk to a Florida employment lawyer before signing or leaving
Given the 2025 change, a licensed Florida employment attorney can tell you whether the CHOICE Act or §542.335 applies and how long a covenant can bind you. The Bar can refer you to one.
Whether a non-compete can be enforced against you turns on its exact terms and your role. This resource can connect you with a licensed employment attorney who can review it.
→ The Florida Bar — Lawyer Referral ServiceThis is general legal information, not legal advice. A non-compete is different from an NDA or a non-solicitation clause, and enforceability turns on the specific facts, so confirm your situation with a licensed attorney.
What Florida workers get wrong about non-competes
Florida is one of the most employer-friendly states for non-competes, and a 2025 law pushed it further. The long-standing §542.335 already made a reasonable non-compete enforceable and told courts not to read restrictions narrowly against the employer. Then the CHOICE Act, effective July 3, 2025, added a presumption of enforceability for covered agreements and allowed non-competes to run up to four years for higher-earning employees, the longest any state statute permits, backed by garden-leave pay. Two things decide which rule governs you. First, your pay: the CHOICE Act’s strongest presumptions apply above a salary threshold, and below it the older reasonableness test controls. Second, your profession: licensed health-care practitioners are excluded from the CHOICE Act and stay under §542.335. Because the Act is new and its exact codified section and threshold are still settling, confirm the current text before relying on a four-year figure.
Common questions
Are non-compete agreements enforceable in Florida?
Yes, strongly. Under §542.335 a reasonable non-compete is enforceable and courts must not read it narrowly against the employer. The 2025 CHOICE Act adds a presumption of enforceability and allows up to four-year covenants for higher earners.
How long can a non-compete last in Florida?
Up to four years for higher-earning employees under the 2025 CHOICE Act, the longest any state allows. Outside the Act, §542.335 presumes shorter periods reasonable, commonly up to two years for a former employee.
Does the CHOICE Act cover doctors in Florida?
No. Licensed health-care practitioners are excluded from the CHOICE Act and are judged under the older §542.335 reasonableness test instead of its four-year presumption.
Did the FTC ban weaken Florida non-competes?
No. The FTC rule was enjoined and removed from the federal rules in February 2026. Florida moved the other way, strengthening non-competes through the CHOICE Act as the federal rule collapsed.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.