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Florida Non-Compete Agreement Template

Florida is one of the most employer-friendly places to use a non-compete: courts must trim overbroad restrictions rather than discard them, and they may not weigh the employee's personal hardship. You still need a signed writing that protects a legitimate business interest, like trade secrets, substantial customer relationships or specialized training, since simply blocking ordinary competition is not enough.

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Florida rules to know

  • Signed writing and a real business interest

    Florida enforces non-competes that are in a signed writing and protect a legitimate business interest, such as trade secrets, confidential information, substantial customer relationships, goodwill or specialized training. Simply preventing ordinary competition is not enough.

    Fla. Stat. 542.335(1)(a)-(b)

  • Know the duration presumptions

    For employees, a restriction of 6 months or less is presumed reasonable and more than 2 years is presumed unreasonable. For a sale of a business, 3 years or less is presumed reasonable and more than 7 years is presumed unreasonable.

    Fla. Stat. 542.335(1)(d)

  • Courts trim, and ignore employee hardship

    If a restriction is overbroad, Florida courts must modify it and enforce a narrower version. Courts also may not consider the individual hardship the restriction causes the employee, which makes Florida one of the most employer-friendly states.

    Fla. Stat. 542.335(1)(c), (1)(g)

  • CHOICE Act for higher earners

    Since July 1, 2025, non-competes of up to 4 years are allowed for employees earning more than twice the annual mean wage of the relevant county, if the employee gets 7 days to review, written notice of the right to counsel, and other required terms. Licensed health care practitioners are excluded.

    Florida CHOICE Act (HB 1219, 2025)

Last updated 2026-10-05

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Our Florida Non-Compete Agreement template as a Word document — a general starting point you fill in yourself. Sign in free to download it.

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What a non-compete agreement covers

  • Restricted activities and competitors
  • Duration and geographic scope
  • Non-solicitation of customers and employees
  • Consideration given for the restriction
  • Remedies and reformation
  • Governing law and venue

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Frequently asked questions

How long can a Florida non-compete last?
Florida uses presumptions. For employees, 6 months or less is presumed reasonable and more than 2 years is presumed unreasonable. For a sale of a business, 3 years or less is presumed reasonable and more than 7 years is presumed unreasonable. Higher earners covered by the CHOICE Act can agree to restrictions of up to 4 years.
What is Florida's CHOICE Act and who does it cover?
Since July 1, 2025, the CHOICE Act allows non-competes of up to 4 years for employees earning more than twice the annual mean wage of the relevant county. The employee must get 7 days to review, written notice of the right to counsel and other required terms. Licensed health care practitioners are excluded.
Will a Florida court consider that my former employee can't find other work?
No. Florida courts may not consider the individual hardship a restriction causes the employee, and if a covenant is overbroad, the court must modify it and enforce a narrower version. The restriction must still protect a legitimate business interest, so focus the drafting on the secrets, relationships or training you need to protect.
Are non-competes enforceable?
It depends heavily on the state. A few states ban most employee non-competes outright, others cap them by salary, duration or industry, and many enforce only restrictions that are reasonable in time, area and scope.
What's the difference between a non-compete and a non-solicit?
A non-compete stops someone working for a competitor or starting a competing business. A non-solicit only stops them from poaching your customers or staff. Non-solicits are enforceable in more places, but not everywhere.
Can I use a non-compete when selling my business?
Usually yes. Sale-of-business non-competes are treated much more favourably than employee ones, even in states that otherwise ban non-competes.

Non-Compete Agreement in other states

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