Yes, in most cases. Florida enforces a non-compete agreement when it is in writing, signed by the person it binds, protects a legitimate business interest and is reasonable in time, area and line of business. That is Florida Statute 542.335. Since July 1, 2025, a second tier under Florida's CHOICE Act lets employers lock in higher paid employees for up to four years, with a court required to enjoin a breach. The 2024 federal FTC ban never took effect. Here is how each rule works, and what to do first.
Are non-compete agreements enforceable in Florida?
Yes, if four things are true: the agreement is in writing and signed by the person it restricts; the employer can point to a legitimate business interest, such as trade secrets, confidential information, substantial customer relationships, goodwill or specialized training; the restriction is reasonably necessary to protect that interest; and the time, geographic area and line of business are reasonable. Florida courts enforce these agreements more readily than most states, because the statute tells them to.
What does Florida Statute 542.335 require?
Section 542.335 sets the rules for every restrictive covenant signed in Florida, employee or contractor, sale of a business or franchise. The employer has to plead and prove a legitimate business interest and that the restriction is reasonably necessary to protect it. Only then does the person resisting enforcement have to show the restriction is overbroad, overlong or otherwise not reasonably necessary. The statute gives judges presumptions on duration:
| Type of agreement | Presumed reasonable | Presumed unreasonable |
|---|---|---|
| Former employee, agent or independent contractor (no trade secret) | 6 months or less | More than 2 years |
| Former distributor, dealer, franchisee or licensee | 1 year or less | More than 3 years |
| Seller of all or part of a business or professional practice | 3 years or less | More than 7 years |
| Any agreement protecting trade secrets | 5 years or less | More than 10 years |
Three more rules from the same section decide most Miami cases. A court may not consider the individual hardship the restriction causes the person who signed it. A court may not read the agreement narrowly against the drafter; it has to construe it in favor of reasonable protection of the business interest. And a court that finds a restriction overbroad does not throw it out; it must modify the restriction and grant only the relief reasonably necessary to protect the business interest.
What did Florida's 2025 CHOICE Act change?
The CHOICE Act, sections 542.41 to 542.45, Florida Statutes, took effect July 1, 2025. It adds a stronger tier on top of 542.335 for a "covered employee": someone who earns, or is reasonably expected to earn, a salary greater than twice the annual mean wage of the Florida county where the employer has its principal place of business (or, if that is outside Florida, the county where the employee lives), not counting health care practitioners. For that employee, a written non-compete of up to four years is enforceable if the employer gave the employee the proposed agreement at least seven days before the offer expired, advised the employee in writing of the right to consult a lawyer, the employee acknowledged in writing that they will receive confidential information or customer relationships, and the agreement shortens the non-compete period day for day by any time the employee spends not working during a garden leave notice period. A court "must preliminarily enjoin" a covered employee who breaches, and may modify or dissolve the injunction only on clear and convincing evidence, such as proof that the new work will not use the confidential information. The Act also creates the covered garden leave agreement: up to four years of notice during which the employee keeps the same salary and benefits they had in the last month before the notice began and, after the first ninety days, does not have to work.
For a Miami business the practical change is this: a sales director, a fund manager or a senior engineer paid above the county threshold can now be held to a four year restriction that a judge is required to enforce at the start of the case, not the end. Below the threshold, 542.335 and its two year presumption still govern.
Is the FTC non-compete ban in effect?
No. The Federal Trade Commission adopted a rule in April 2024 that would have barred most new non-competes nationwide. A federal court in Texas set the rule aside on August 20, 2024, before it took effect, and in September 2025 the FTC dropped its appeal and let that ruling stand. The rule is not the law anywhere. Florida law governs a Florida non-compete. The FTC has said it will still bring enforcement actions against specific anticompetitive non-competes, so a company using them across a large workforce should have them reviewed for that reason as well.
How do Florida courts decide whether to enforce one?
Enforcement usually starts with a motion for a temporary injunction in circuit court. In Miami Dade County that is the Eleventh Judicial Circuit; a large enough dispute goes to its Complex Business Litigation Division. Under 542.335, a violation of an enforceable restrictive covenant creates a presumption of irreparable injury, so the employer does not have to prove lost sales to get the injunction. The fight is almost always about two things: whether the business interest is real (a customer list anyone could rebuild from public sources is not a trade secret) and whether the restriction is wider than that interest needs (a statewide ban for a salesperson who worked one county). The court can narrow the restriction and enforce the narrower version, which is why "it is too broad" rarely wins outright in Florida.
What should a Miami business owner do first?
- Pull the signed agreement. An unsigned draft or an email promise enforces nothing under 542.335.
- Write down the business interest in one sentence, with the documents that prove it: the customer list and how it was built, the training invoices, the confidentiality program.
- Check the employee's pay against the county threshold. Above it, the CHOICE Act tier may apply if the agreement was signed on or after July 1, 2025 and the employee had it at least seven days before the offer expired; below it, or before that date, 542.335 governs.
- Preserve the evidence of the breach: the new employer, the customers contacted, the files copied, with dates.
- Move quickly. Delay is the one thing a judge weighs against an employer asking for an injunction.
What should an employee do before signing or leaving?
Read the duration, the territory and the definition of competing business before anything else. Ask for the seven day review period in writing if your pay is near the threshold; the Act requires it for the stronger tier. Do not take files, forward emails to a personal address or contact customers before you leave, because those acts turn a defensible case into a lost one. If you already signed, bring the agreement and your offer letter to a lawyer before you accept the new job, not after.
Why the Law Offices of Aaron Resnick
Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami attorney. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick, P.A. represents employers and employees in Miami Dade, Broward and Palm Beach counties in drafting, enforcing and defending non-compete agreements. Call 305-672-7495 or request a consultation.
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Written by Aaron Resnick. Reviewed September 2026. This page is general information about Florida law, not legal advice for your situation.
