MIAMI, FL – September 10, 2026 – Employees and employers navigating restrictive covenants in Florida face a complex legal landscape shaped by both longstanding statutes and a newly effective state law. Miami employment agreement attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/are-non-competes-enforceable-in-florida/) is providing guidance on when non-compete agreements are enforceable under Florida law, addressing the requirements of Florida Statutes § 542.335, the new CHOICE Act, and the status of the blocked federal non-compete rule.

According to Miami employment agreement attorney Jason D. Berkowitz, a Florida non-compete can be enforceable, but only when it meets specific statutory requirements. The agreement must be set forth in writing and signed, supported by a legitimate business interest recognized under Florida law, and reasonably necessary in time, geographic area, and line of business to protect that interest. “Signing a non-compete does not automatically make it enforceable,” Berkowitz explains. “The employer carries the burden of proving all three elements, and many agreements contain overbroad terms that a court would either modify or refuse to enforce.”

Miami employment agreement attorney Jason D. Berkowitz notes that § 542.335 recognizes several categories of legitimate business interests, including trade secrets, valuable confidential business information, substantial relationships with existing or prospective customers, customer goodwill, and extraordinary or specialized training. Even when such an interest exists, the restriction must be proportional. A two-year statewide restriction may be reasonable for a senior sales executive with client relationships across Florida, while the same restriction on a junior employee who served only the Miami area could be found overbroad.

The statute also creates rebuttable presumptions regarding reasonable duration. For former employees, a restriction of six months or less is presumptively reasonable, while a restriction exceeding two years is presumptively unreasonable. For the seller of a business or its goodwill, restrictions of three years or less are presumptively reasonable and those exceeding seven years presumptively unreasonable. Berkowitz points out that geographic scope is measured against the area where the employee actually performed services or maintained client contact.

A significant development, Attorney Berkowitz observes, is the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, which became constitutionally effective on July 1, 2025. The Act creates a separate enforceability framework for qualifying covered non-compete and covered garden leave agreements involving higher-earning employees. A covered employee is generally defined as one who earns, or is reasonably expected to earn, a salary greater than twice the annual mean wage of the relevant Florida county. Health care practitioners as defined in Florida Statutes § 456.001 are excluded.

Berkowitz emphasizes that the CHOICE Act does not replace § 542.335. “These two laws operate on parallel tracks,” he says. “An agreement that does not meet the CHOICE Act’s requirements, such as the salary threshold, is still reviewed under § 542.335. Employers and employees alike need to understand which framework applies to their situation.” Under the Act, covered non-compete agreements may last up to four years, and covered garden leave agreements may require up to four years of advance notice while the employer continues paying the same salary and benefits.

Addressing a common source of confusion, the firm clarifies that the Federal Trade Commission’s proposed nationwide ban on non-competes never took effect. A federal district court blocked enforcement of the rule in August 2024, and the FTC took steps to dismiss its appeal in September 2025. Florida non-competes therefore, remain governed by state law. Berkowitz advises that anyone told their agreement is void because of a “federal ban” has received incorrect information.

The firm also notes that employees retain several potential defenses, including the absence of a protectable business interest, materially changed job circumstances, and prior employer breach of the underlying agreement. However, under § 542.335, courts may not consider the personal economic hardship that enforcement would impose on the employee. Florida courts are also required to modify, rather than void, overbroad agreements through a process known as blue-penciling, which means that arguing an agreement is simply “too broad” may not be enough to escape it entirely.

For individuals whose employers have threatened enforcement, the firm recommends locating the original signed agreement, avoiding signing any new documents without legal review, documenting all communications, and consulting counsel promptly. Because employers may seek fast-tracked injunctions and are entitled to a presumption of irreparable injury upon proving a violation, early legal advice can be essential to preserving available options.

For those facing questions about the enforceability of a non-compete in Florida, consulting an experienced employment agreement attorney may help clarify their legal position and determine the most effective path forward, whether through negotiation, litigation, or strategic compliance.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based employment law firm that represents both employees and employers in workplace disputes, including non-compete and restrictive covenant matters, discrimination, retaliation, wrongful termination, and wage-and-hour claims. Founded by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm serves clients throughout Miami and South Florida, with Spanish-language services available. For consultations, call (305) 507-8506 or visit the office at 3050 Biscayne Blvd STE 205, Miami, FL 33137.

 

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Company Name: BT Law Group, PLLC
Contact Person: Jason D. Berkowitz
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Phone: (305) 507-8506
Address:3050 Biscayne Blvd STE 205, Miami, FL 33137
Country: United States
Website: https://btattorneys.com/