Florida Enforceability
Florida Non-Compete Agreement
Florida enforces written non-competes that protect a specific legitimate business interest and are reasonable in time, geography, and line of business — with duration guidelines built right into the statute.
Is a non-compete enforceable in Florida?
Florida takes a middle-ground approach: non-competes are enforceable, but §542.335 spells out exactly what an employer has to prove — a written, signed agreement protecting a specific legitimate business interest, reasonable in time, geography, and line of business.
What sets Florida apart is that the statute itself builds in duration presumptions rather than leaving it entirely to case-by-case judicial guesswork: 6 months is presumptively reasonable for a typical former employee, while anything past 2 years starts working against the employer (with longer windows presumed reasonable for business-sale and trade-secret scenarios specifically).
As of July 1, 2025, Florida added the CHOICE Act, which creates a more employer-friendly path for certain new agreements going forward. If your agreement was signed before that date, it's still evaluated under the original §542.335 framework described above.
Reference: Florida Statute §542.335 (and the 2025 CHOICE Act for certain agreements). This is general educational information, not legal advice — confirm current Florida requirements before relying on a non-compete agreement.
What Florida requires for enforceability
- Must be in writing and signed by the person being restrained.
- Must protect a legitimate business interest recognized by the statute (trade secrets, substantial client relationships, client goodwill, or specialized/extraordinary training).
- Must be reasonably necessary in time, geographic area, and line of business.
Recent changes to watch in Florida
Florida's CHOICE Act took effect July 1, 2025, adding a more employer-friendly enforcement path (including garden-leave style provisions) for certain new agreements — agreements signed before that date are still governed by the older §542.335 framework described here.
How to create your Florida non-compete agreement
- 1. Open the iRunDocs non-compete generator with Florida pre-selected as the governing state.
- 2. Enter employer, employee, restriction period, geographic scope, and consideration details.
- 3. Review the PDF preview, then download your document.
- 4. Have both parties sign — and if you're unsure whether your specific terms will hold up in Florida, have an employment attorney review it before relying on it.
Frequently asked questions
Is a non-compete enforceable in Florida?
Yes, if it's in writing, signed, protects a legitimate business interest defined by statute, and is reasonable in time, geography, and line of business under Florida Statute §542.335.
How long can a Florida non-compete last?
It depends on the relationship: 6 months or less is presumed reasonable for a typical former employee (over 2 years is presumed unreasonable), with longer presumptive windows for franchise/distributor relationships, business sales, and trade secret cases.
What is Florida's CHOICE Act?
A law effective July 1, 2025 that creates a more employer-friendly enforcement path for certain new non-compete agreements. Agreements signed before that date remain governed by the original §542.335 standard.
Non-compete enforceability in other states
iRunDocs provides document tools and educational information. It is not a law firm and does not provide legal advice.