When someone changes jobs, emotions can run high. Employers worry about losing clients, confidential information, or training investments. Employees worry about stalled career growth, rejected job offers, or being told they cannot work in their own industry. Uncertainty about what you can and cannot do after leaving a role can create stress on both sides of the relationship.
At Chemere Ellis, PLLC, we advise Florida employers seeking to protect legitimate business interests and individuals who want clarity before accepting or leaving a position. Our guidance focuses on practical, balanced strategies that reduce risk and support fair outcomes.
This article explains how Florida courts decide whether noncompete agreements are enforceable in Florida, and the steps both employers and employees can take to protect themselves. You will learn what makes a restriction valid, when courts may limit enforcement, and how to respond if a dispute arises.
Florida Law Today: Where Things Stand
Florida continues to allow noncompete agreements as long as they are clearly written, reasonable, and connected to a valid business purpose. Under § 542.335, a restrictive covenant is generally enforceable when it is:
- in writing and signed by the party to be bound
- tied to a legitimate business interest such as trade secrets, confidential information, customer relationships, or specialized training
- reasonable in duration, geographic reach, and restricted activities
Time limits must also make sense. Six months is commonly viewed as reasonable for many employee roles, while restrictions approaching two years receive closer scrutiny. Longer durations may apply when someone sells a business or handles highly sensitive material. If a restriction is too broad, a judge may narrow it rather than voiding it entirely.
The CHOICE Act added notice requirements and, for certain covered roles, introduced the possibility of partial pay during the restricted period (often called garden leave). The Act also helps parties obtain faster hearings when a dispute escalates.
Healthcare roles remain subject to additional safeguards to protect patient access. In limited scenarios, restrictions may pause temporarily if enforcement would leave a community without adequate care.
What Makes a Noncompete Enforceable in Florida (and What Changed)
A noncompete must protect a real business interest, not simply prevent competition. Courts evaluate the specific role, access to clients or data, and the type of training an employee received. Restrictions must be reasonably tied to the person’s responsibilities and market reach.
For example, a sales manager handling key accounts may have a reasonable geographic limitation. By contrast, someone in an entry-level role without client exposure may face restrictions that are more difficult to justify.
Florida law presumes that a restriction of two years or less is reasonable in the employee context. Longer periods may require stronger justification based on the facts. Employers and employees in sensitive roles should review written agreements to determine whether these new categories apply.
Florida appellate courts have repeatedly emphasized that enforcement depends on proving both a legitimate business interest and reasonable scope. In
Day v. Hydrologic Distribution Co., 397 So. 3d 776 (Fla. 2d DCA 2024), the court upheld a restriction after finding credible evidence of client goodwill and confidential information. This case confirms that courts evaluate the specific duties and access an individual had during employment when deciding whether a restriction is justified.
Drafting Agreements That Hold Up (and Avoid Disputes)
Clear language reduces misunderstandings. Agreements should outline:
- the duration of the restriction
- the geographic scope
- the prohibited activities
- the legitimate business interest being protected
Some situations may call for more targeted clauses. A non-solicitation agreement can protect client relationships without broadly limiting employment options. A nondisclosure provision may be sufficient when the concern centers on confidential information.
Although courts can narrow overly broad restrictions, proactively tailoring an agreement is more cost-effective for everyone involved.
When Restrictive Covenant Disputes Arise: What Matters for Both Sides
Questions about potential violations often arise during a career transition. Documentation, clear communication, and timely legal review help employers and employees understand their rights and obligations.
Parties should review:
- the signed agreement
- the individual’s job responsibilities
- whether the employee had access to sensitive information
- the timeline of departure and new employment
- any prior communications regarding solicitation or confidentiality
Florida courts may issue temporary restraining orders or injunctions when there is evidence of irreparable harm, a likelihood of success, and after carefully considering the public interest. Courts consider four factors when deciding whether to issue temporary injunctive relief: (1) irreparable harm, (2) the absence of an adequate legal remedy, (3) a substantial likelihood of success on the merits, and (4) the public interest.
Florida law also provides a rebuttable presumption of irreparable injury when an enforceable restrictive covenant is violated. Confidential relationships, trade secrets, and patient access can all factor into the analysis.
Defenses Employees May Raise
Individuals may be able to challenge a restrictive covenant if:
- the employer lacks a legitimate business interest
- the restriction is overbroad, vague, or ambiguous
- public-interest concerns are implicated
- enforcement would impose an undue hardship relative to the employee’s ability to earn a living
- the agreement has been applied inconsistently or selectively enforced
- the employer breached the agreement first, such as by failing to pay earned compensation
Florida judges can modify restrictions to make them reasonable rather than invalidating them completely. Because outcomes are fact-specific, timely legal review is important before either side takes action.
Choice of Law, Venue, and Forum
Where a noncompete dispute is filed can significantly affect the outcome. Florida courts generally prefer to apply Florida law to agreements involving work performed inside the state because § 542.335 provides specific protections and standards. If a contract tries to use another state’s law that conflicts with these rules, a Florida judge may reject that provision.
Many noncompete cases are heard in the U.S. District Court for the Middle District of Florida, which covers major cities including Tampa, Orlando, Jacksonville, Fort Myers, and Ocala. This court regularly handles restrictive covenant disputes and can schedule hearings quickly when urgent action is needed.
Choosing the correct venue at the start reduces delays, lowers litigation costs, and creates clearer expectations for both parties.
What About the FTC’s Attempted Ban?
In 2024, the Federal Trade Commission attempted to restrict noncompete agreements nationwide. Enforcement was blocked by federal courts, and the agency withdrew its appeals in 2025. Rather than enforcing a blanket rule, the FTC now reviews individual cases under existing antitrust laws.
For now, Florida law and the CHOICE Act remains the controlling authority when answering the question of whether noncompete agreements are enforceable in Florida. Readers should continue to monitor federal developments as policy may evolve.
Responding to Restrictive Covenant Questions: A Practical Checklist
Within 30 days of a transition or dispute, consider:
- confirming which agreements are signed and current
- reviewing notice and compensation requirements under the CHOICE Act
- identifying access to confidential or proprietary information
- documenting relevant client communications
- centralizing records, correspondence, and return-of-property acknowledgments
- speaking with legal counsel early to evaluate risk and available defenses
Taking these steps preserves evidence, promotes fair resolution, and protects both parties’ interests if a noncompete agreement in Florida becomes contested later.
Noncompete Agreement Florida FAQs
Can a Florida employee work for a competitor during a noncompete period?
It depends on the language in the agreement. Florida courts enforce restrictions when they protect legitimate business interests such as client relationships, confidential information, or specialized training. If the new role competes directly within the restricted geography or industry, working there may violate the agreement.
Some agreements list specific competitors or tasks that are off-limits. Employees should review duties, territory, and the duration of the restriction before accepting a new position. Consulting an attorney early can prevent costly disputes involving a noncompete agreement in Florida.
What happens if a Florida noncompete is overbroad or unclear?
Florida courts can modify restrictions rather than voiding the entire agreement. This may include narrowing the geographic area, shortening the time period, or limiting prohibited activities. Judges focus on whether the agreement is reasonably tailored to protect a legitimate business interest.
If language is vague or broader than necessary, the court may limit enforcement. This allows employers to protect valuable assets without unfairly restricting career mobility. Legal review helps predict how a judge might adjust a noncompete agreement in Florida.
Are noncompete agreements enforceable in Florida without a written contract?
No. Under § 542.335, noncompete agreements are not enforceable in Florida without a written contract. Verbal agreements or handshake promises cannot be enforced in Florida courts. Employers should maintain signed copies for reference, and employees should request a copy if one is not provided. Clear documentation helps both sides understand their rights and obligations if a dispute arises.
How do Florida courts decide if a noncompete is reasonable?
Courts consider the restriction’s duration, geographic reach, nature of restricted activities, and whether the employee had access to confidential information or client goodwill. A restriction of two years or less is generally presumed reasonable in the employee context. Broader restrictions require stronger justification.
Judges also weigh public interest factors, including access to medical care in healthcare settings. In Florida, a noncompete agreement should be tied to the specific role, not simply used to prevent market competition.
Can independent contractors be bound by noncompete agreements in Florida?
Yes, if the agreement is properly drafted, written, signed, and tied to a legitimate business interest. Contractors often access client lists, pricing strategies, or proprietary processes, which can justify reasonable restrictions. Courts will evaluate the same factors they consider for employees, including time, geography, and the nature of the work.
Agreements that are overly broad or unrelated to the contractor’s duties are more difficult to enforce. Contractors in Florida should carefully review a noncompete agreement before signing to avoid unfair limitations.
What should employers and employees include in a Florida noncompete policy?
A clear noncompete agreement in Florida should identify the duration of the restriction, geographic reach, and prohibited activities. It should also describe the legitimate business interest being protected and outline how confidential information must be handled.
Acknowledgment forms and documented review procedures reduce the risk of future disputes. Regular updates are recommended when responsibilities expand or laws change under measures like the CHOICE Act.
Protect Your Interests with Chemere Ellis, PLLC
Noncompete disputes move quickly, and small delays can have big consequences. At Chemere Ellis, PLLC, we advise Florida employers and professionals on how to draft, enforce, challenge, or update a noncompete agreement under current Florida state law and the CHOICE Act. Our team handles injunctions, and restrictive covenant litigation in state court, the U.S. District Court for the Middle District of Florida, and before arbitral tribunals.
We also review, interpret, and provide guidance on the scope and applicability of restrictive covenants. If you are evaluating a new job offer, hiring into a competitive role, or responding to a demand associated with a restrictive covenant, early legal guidance can reduce risk and preserve future opportunities. And if you are still asking are noncompete agreements enforceable in Florida, we can review your documents for clarity, enforceability, and strategic alignment.
Contact Chemere Ellis, PLLC in Tampa for balanced, practical counsel that protects your business interests, your career mobility, and your next step forward.
