Florida is one of the most employer-friendly states in the country for non-compete agreements. Under Florida Statutes Section 542.335, a non-compete (called a "restrictive covenant") is enforceable as long as it is in writing, signed by the employee, supported by a "legitimate business interest," and reasonable in its duration, geographic area, and line of business. Critically, Florida courts are required by statute to modify an overly broad non-compete to make it enforceable rather than throw it out, and judges are forbidden from considering the economic hardship the restriction causes the worker. Unlike a growing number of states, Florida does not ban non-competes for low-wage or hourly workers. If you signed one in Florida, you should assume a court can enforce it.
Florida's Core Rule: Section 542.335
Most non-competes are unenforceable as illegal restraints of trade unless they fit within a statutory exception. In Florida, that exception is Section 542.335. To be valid, the agreement must meet three requirements:
It must be in writing and signed by the person the employer is trying to enforce it against (the employee or contractor).
It must protect a "legitimate business interest." The statute lists examples: trade secrets; valuable confidential business or professional information; substantial relationships with specific existing or prospective customers, patients, or clients; customer goodwill tied to a trade name, geographic area, or marketing area; and extraordinary or specialized training. A non-compete that exists only to keep you from competing, with no legitimate interest behind it, is not enforceable.
It must be reasonable in time, geographic area, and line of business.
Importantly, the employer bears the burden of proving a legitimate business interest. But once it does, the worker carries the burden of proving the restraint is overbroad or unnecessary.
How Long Can a Florida Non-Compete Last?
Section 542.335 builds in legal presumptions about reasonable duration that depend on who you are:
Former employees, agents, and independent contractors: A restriction of 6 months or less is presumed reasonable, and a restriction of more than 2 years is presumed unreasonable (when no trade secret is involved).
Former distributors, dealers, franchisees, or licensees: 1 year or less is presumed reasonable; more than 3 years is presumed unreasonable.
Agreements protecting trade secrets: 5 years or less is presumed reasonable; more than 10 years is presumed unreasonable.
These are presumptions, not hard caps. A judge can enforce a longer restriction if the employer rebuts the presumption with evidence, or shorten one that the worker shows is excessive.
The "Blue Pencil" Rule Works Against Workers
In many states, an overly broad non-compete is simply void. Florida is different. Section 542.335 commands that if a covenant is unreasonable, the court "shall modify the restraint and grant only the relief reasonably necessary" to protect the legitimate business interest. In practice, this means an employer can write an aggressive, overbroad non-compete knowing a Florida judge will trim it down to something enforceable rather than discard it. The statute also tells courts not to construe the agreement narrowly against the company that drafted it, reversing the rule that applies to most contracts.
Economic Hardship Is Off the Table
One of the harshest features of Florida law for workers is the rule that a court "shall not consider any individualized economic or other hardship that might be caused to the person against whom enforcement is sought." In other words, the fact that enforcing the non-compete will cost you your livelihood, force you to move, or prevent you from supporting your family is legally irrelevant. Courts also cannot refuse to enforce a covenant merely because it is contained in a standard, take-it-or-leave-it form contract.
No Low-Wage Exemption in Florida
Several states (such as Washington, Oregon, Illinois, and Maine) have passed laws banning or voiding non-competes for workers below a certain income threshold. Florida has no such protection. A minimum-wage cashier, a delivery driver, or a salon stylist in Florida can be bound by a non-compete just as readily as a senior executive, provided the employer can point to a legitimate business interest like client relationships or specialized training. Your wage level does not, by itself, make a Florida non-compete unenforceable.
Recent Law Change: The 2025 CHOICE Act
Effective July 1, 2025, Florida enacted the CHOICE Act (the "Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth Act"), codified in Sections 542.40 through 542.43. Rather than limiting non-competes, this law strengthened them for high earners. It applies to "covered employees" who earn more than twice the annual mean wage of the Florida county where the employer (or the employee) is based. For these workers, the Act authorizes:
Non-compete agreements lasting up to 4 years, far longer than the presumptions in Section 542.335.
"Garden leave" agreements, under which an employer can require up to 4 years of advance notice before an employee leaves, keeping the worker on payroll but sidelined.
Mandatory preliminary injunctions, meaning courts are directed to block the employee from working for a competitor while the dispute plays out, putting the burden on the worker to prove the restriction is improper.
The CHOICE Act does not replace Section 542.335; it adds an even tougher framework on top of it for well-paid employees. Lower-paid workers remain governed by Section 542.335.
The Federal Picture
There is currently no federal ban on non-compete agreements. The Federal Trade Commission issued a rule in 2024 that would have banned most non-competes nationwide, but a federal court in Texas set that rule aside in August 2024, and it never took effect. As a result, non-compete enforceability is governed almost entirely by state law, and in Florida that means Section 542.335 and the CHOICE Act. (Separately, federal wage law under the Fair Labor Standards Act sets a $7.25 minimum wage and a 40-hour overtime threshold, but those rules do not affect non-compete enforcement.)
What to Do If You Are Asked to Sign or Are Being Threatened
Read it before you sign. Note the duration, the geographic area, the "line of business" it covers, and whether it names specific customers. Vague or extremely broad terms may still be enforced after a court narrows them, so do not assume an overbroad clause is harmless.
Negotiate up front. Your leverage is highest before you sign. You can ask to shorten the term, narrow the geography, limit it to direct competitors, or carve out a severance or garden-leave payment.
Keep copies of everything, including the signed agreement, any employee handbook, and offer letters that reference restrictive covenants.
If you receive a cease-and-desist letter, do not ignore it, but do not panic either. The employer must still prove a legitimate business interest and reasonableness in court. Get advice before responding.
Consult a Florida-licensed employment attorney. Because Section 542.335 lets the prevailing party recover attorney's fees, the cost dynamics matter, and an experienced lawyer can assess whether the covenant is likely to be enforced or modified.
Where to Verify
Florida does not have a state labor department that enforces non-competes; these disputes are resolved in Florida's circuit courts through civil litigation, not by a government agency. You can read the controlling law yourself in the Florida Statutes (Section 542.335 and Sections 542.40 to 542.43) on the Florida Legislature's Online Sunshine website (leg.state.fl.us). Florida's workforce agency, FloridaCommerce (formerly the Department of Economic Opportunity), handles reemployment and workforce services but does not adjudicate non-compete disputes. For an authoritative answer about your specific contract, consult a Florida Bar-licensed employment lawyer; the Florida Bar offers a lawyer referral service.
This article is general information about Florida law, not legal advice. Non-compete cases turn heavily on the exact wording of your agreement and your individual facts, so confirm how the rules apply to you with a qualified Florida attorney.
Official Florida Sources
This page is based on Florida employment law. Rules and figures change — verify the current details directly with the official Florida sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Florida state law.
Frequently asked questions
Are non-competes legal in Florida?
Yes. Florida enforces non-compete agreements under Florida Statutes Section 542.335 as long as they are in writing, signed, supported by a legitimate business interest (such as trade secrets, customer relationships, or specialized training), and reasonable in time, area, and line of business. Florida is considered one of the most employer-friendly states on this issue.
How long can a non-compete last in Florida?
For former employees and independent contractors, Florida presumes a restriction of 6 months or less is reasonable and one over 2 years is unreasonable when no trade secret is involved. Trade-secret-based covenants can run up to 5 years presumptively. Under the 2025 CHOICE Act, non-competes for high earners can last up to 4 years.
Can my employer enforce a non-compete if I am a low-wage worker in Florida?
Potentially, yes. Unlike some states, Florida has no income threshold that exempts low-wage or hourly workers from non-competes. As long as the employer can show a legitimate business interest, the agreement can be enforced regardless of how much you earn.
Will a Florida court throw out an overly broad non-compete?
Usually not. Section 542.335 requires Florida courts to modify ("blue pencil") an overbroad restriction down to something reasonable and enforce it, rather than voiding it entirely. Courts also may not consider the economic hardship enforcement causes the worker.
Did the FTC ban on non-competes change Florida law?
No. The FTC's 2024 rule banning most non-competes was set aside by a federal court in August 2024 and never took effect. There is no federal ban, so Florida non-competes remain governed by Section 542.335 and the 2025 CHOICE Act.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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