Updated October 2026.

A Florida business should write a non-compete as a signed agreement that names the legitimate business interest it protects and limits it to a reasonable time, area and line of business. Aaron Resnick, a Miami business attorney with Law Offices of Aaron Resnick, drafts these agreements for employers. Aaron knows the law. He knows both sides. And he knows Miami.

What Must a Florida Non-Compete Agreement Say?

The agreement must be in writing and signed by the person it restricts, under chapter 542, Florida Statutes. It should name the legitimate business interest it protects, such as trade secrets, confidential information, substantial customer relationships, goodwill or specialized training, and limit the restriction to what is reasonably necessary to protect that interest.

Aaron Resnick writes the business interest into the agreement in the client's own facts: which customers, which training, which information.

How Long Can a Florida Non-Compete Last?

For a former employee, agent or independent contractor, when the restriction does not protect trade secrets, chapter 542 presumes 6 months or less reasonable and more than 2 years unreasonable, with no presumption between. Under the CHOICE Act, a covered employee can be restricted for up to four years.

The employer has to show the time is reasonably necessary to protect the business interest. For the seller of a business, 3 years or less is presumed reasonable and more than 7 years unreasonable. For a restriction that protects trade secrets, 5 years or less is presumed reasonable and more than 10 years unreasonable.

Aaron Resnick sets the duration from the business interest the agreement protects, not from a form.

What Area and Line of Business Should It Cover?

Write the territory to match where the employee worked and where the business has customers, and write the line of business to match what the business does. Chapter 542 requires the restriction to be reasonably necessary to protect the business interest, and a court must modify an overbroad restriction and grant only the relief that interest needs.

Aaron Resnick asks where the employee sold and whom the employee served before he writes the territory.

What Does the CHOICE Act Add for a Covered Employee?

For an employee whose salary exceeds twice the county's annual mean wage, the CHOICE Act allows a written non-compete of up to four years. The employer must advise the employee in writing of the right to seek counsel before execution and provide the proposed agreement at least seven days before the applicable offer expires.

The employee must acknowledge in writing that the employee will receive confidential information or customer relationships during the employment. The agreement must shorten the restriction day for day by time the employee spends not working during a garden leave notice period. Health care practitioners are excluded.

Aaron Resnick checks the salary against the county figure before he drafts to the CHOICE Act.

What Drafting Mistakes Make a Non-Compete Harder to Enforce?

Under chapter 542, a court will not enforce an agreement the restricted person never signed. A person seeking enforcement who cannot plead and prove a legitimate business interest cannot enforce the restriction. A court also narrows a time, area or line of business that is wider than the business interest needs.

Aaron Resnick reads an existing agreement for those three risks before a business relies on it.

When Should a Business Review Its Non-Compete Agreements?

Review them when a key employee is hired or promoted, when a salary crosses the CHOICE Act threshold, when the business is sold, and when an agreement was signed before August 15, 2025. The CHOICE Act does not say whether it reaches an older agreement, so Aaron Resnick reads one under both the ordinary rule and the CHOICE Act.

Related pages: Are Non-Compete Agreements Enforceable in Florida? | Miami Non-Compete Agreement Lawyer

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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 represents employers and employees in Miami Dade, Broward and Palm Beach counties and across Florida in drafting, enforcing and defending non-compete agreements. Call 305-672-7495 or request a consultation.

This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.

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