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Non-Compete Laws in Florida

Florida enforces written non-competes that are reasonable in time, area and line of business, and since July 1, 2025 the CHOICE Act lets employers enforce noncompetes of up to 4 years against covered high earners if given 7 days' notice.

Last checked . General information, not legal advice.

Florida at a glance

Status
Enforceable if reasonable (statute)
Under Fla. Stat. 542.335, 6 months or less is presumed reasonable for employees and more than 2 years presumed unreasonable.
Enforceable against employees
Yes, if reasonable and in writing
Must be in a writing signed by the employee and protect a legitimate business interest.
Salary threshold
Only for CHOICE Act covenants
CHOICE Act covered employees earn more than twice the annual mean wage of the relevant Florida county; health care practitioners are excluded.
Advance notice required
Only for CHOICE Act covenants
Covered noncompete and garden leave agreements: 7 days to review and written advice of the right to seek counsel.

Sources

Last checked

The rules in Florida

Are employee non-compete agreements banned, restricted or enforceable in Florida?

Status in Florida: Enforceable if reasonable (statute). Under Fla. Stat. 542.335, 6 months or less is presumed reasonable for employees and more than 2 years presumed unreasonable.

Can an employer enforce a non-compete against an employee in Florida?

Yes, if reasonable and in writing. Enforceable against employees in Florida: yes, if reasonable and in writing. Must be in a writing signed by the employee and protect a legitimate business interest.

Is there a minimum salary for a non-compete to be enforceable in Florida?

Salary threshold in Florida: Only for CHOICE Act covenants. CHOICE Act covered employees earn more than twice the annual mean wage of the relevant Florida county; health care practitioners are excluded.

Does Florida require employers to give advance notice of a non-compete?

Only for CHOICE Act covenants. Advance notice required in Florida: only for choice act covenants. Covered noncompete and garden leave agreements: 7 days to review and written advice of the right to seek counsel.

Where do the Florida non-compete laws come from?

The rules above come from Fla. Stat. 542.335, Fla. Stat. 542.43 and Fla. Stat. 542.45. Each source is linked on this page. We last checked them in October 2026.

Good to know

The CHOICE Act (ch. 2025-213, Fla. Stat. 542.41 to 542.45) took effect July 1, 2025 and allows covered noncompete periods of up to 4 years.

What this means in practice

Read the restriction closely before signing. Note how long it lasts, the area it covers, which activities it bars and which state's law the contract says applies. A choice-of-law clause does not always control, because some states refuse to apply another state's law to their own residents or workers.

Salary thresholds are often adjusted every year for inflation. If a state uses a threshold, check the figure for the year the agreement was signed or is being enforced, and how the statute defines earnings.

A non-compete is different from a non-solicitation or confidentiality agreement. Many states that limit non-competes still allow narrower clauses that protect trade secrets or customer lists. An employment lawyer can explain how the rules apply to a specific agreement.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.