What Is A Non-Compete Agreement In Florida? (2026)

Understanding Non-Compete Agreements Under Florida Law

If an employee leaves one company and immediately starts working for a competitor, it may cause major economic harm to the previous employer. For that reason, an employer may create a non-compete agreement for new hires to sign.

These agreements bar former employees from working for competitors within a specific timeframe and geographic area. However, Florida law requires these restrictions to be reasonable and not overly broad.

Requirements for Enforceability in Florida

Under state law, a non-compete agreement in Florida is only enforceable under select circumstances. It will need to meet certain requirements, such as:

• The agreement protects a legitimate business interest.
• The restraint placed on the former employee is reasonable.
• The agreement is clear and concise.

When deciding if a non-compete agreement in Florida is reasonable, courts will usually consider the duration and scope. For example, if an agreement prohibits the employee from working in the same industry anywhere in the country for 10 years, the court would likely deem it non-enforceable.

Reasons a Restrictive Covenant May Be Invalidated

These are some of the main reasons a Florida court may invalidate a non-compete agreement:

• The employer previously violated the employment contract in some way.
• The agreement includes restrictions that are too broad.
• The agreement doesn’t protect a specific business interest, like trade secrets or confidential information.
• The agreement harms the public, such as preventing skilled healthcare professionals from working.

Non-compete agreements against independent contractors as opposed to actual employees aren’t necessarily unenforceable, but they’re typically subject to much more court scrutiny. If you need to create a contractor non-compete agreement, you should verify that it’s necessary and reasonable in scope.

How Florida Courts Handle Overbroad Agreements

Florida courts have something called a “blue pencil rule,” meaning that they will often strike unenforceable provisions rather than invalidate a non-compete agreement entirely. If certain provisions are reasonable, courts generally uphold them.

The 2025 CHOICE Act and Recent Legal Changes

In 2025, Florida passed the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. This new law strengthened employers’ ability to enforce non-compete agreements for certain employees.

The law applies to employees who are not in a healthcare field and make at least twice the mean wage in their county. Under the CHOICE Act, employers can enforce non-compete agreements with these employees for up to four years.

Need to Create a Non-Compete Agreement in Florida?

If you need to create a non-compete agreement to protect your business interests, you’ll want to carefully verify that it’s enforceable under state law. Otherwise, you might end up dealing with legal challenges down the road.

ConsumerShield can help you draft a clear, state-specific agreement. Take a look at our collection of legal document templates and guides today.