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October 2026

CHOICE Act: Twice the County Mean Wage in Florida Noncompete Law

Yes, Florida enforces noncompete agreements in certain circumstances, and whether a specific agreement holds up depends on which statutory track it falls under. An agreement either lives under the ordinary §542.335 framework or qualifies as a covered noncompete under the CHOICE Act’s §542.45. Employers and employees should identify which track applies before assuming an agreement is either bulletproof or worthless, and both sides benefit from getting counsel involved early.

TL;DR:

  • Noncompete enforceability in Florida hinges on whether the agreement falls under the §542.335 framework or the CHOICE Act’s §542.45, each with distinct requirements and procedural rules.
  • The §542.335 framework requires a written agreement, proof of legitimate business interests, and reasonableness across time, geography, and scope, with courts able to modify overly broad restrictions.
  • The CHOICE Act applies to high-earning employees and contractors, mandates specific notice, writing, and acknowledgment procedures, and presumes enforceability during preliminary injunction hearings.
  • Documentation such as signed offers, pay records, and correspondence are critical, as courts prioritize proof of the agreement’s scope, the employee’s earnings, and compliance timing to determine enforceability.
  • Early action, clear restrictions tied to actual duties, and appropriate record-keeping significantly reduce litigation risks for both employers and employees.
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Table of Contents

Statutory framework: §542.335 and the ordinary restrictive covenant rules

Before the CHOICE Act, and still today for agreements outside its scope, Florida evaluates restrictive covenants under §542.335. A court will not enforce a covenant unless it is in writing and signed by the person against whom enforcement is sought. From there, the employer carries the burden of pleading and proving a legitimate business interest, something more than a simple desire to avoid ordinary competition.

  • Legitimate business interests typically include trade secrets, substantial customer relationships, and specialized training the employer provided at real expense.
  • Reasonableness is judged across three dimensions: time, geographic area, and line of business.
  • Restraints of five years or less tied to trade secrets get a rebuttable presumption of reasonableness, while restraints longer than ten years are presumptively unreasonable, also rebuttable, according to the same §542.335 framework.
  • Courts have the power to modify an overbroad restraint rather than throw it out entirely, narrowing geography or duration to something defensible.

This modification power matters. A two-year noncompete with a vague, statewide territory is not automatically void. A judge can trim the territory to a defined county or metro area and let the rest stand. That flexibility is also why drafting specificity carries so much weight in litigation.

The CHOICE Act: covered noncompetes and what changed since 2026

The Florida CHOICE Act created a separate statutory track under §542.45, and the session law establishing part II of chapter 542 spells out exactly how it operates. A covered noncompete applies to a covered employee or individual contractor who earns, or is reasonably expected to earn, more than twice the annual mean wage for the relevant Florida county, with healthcare workers excluded from coverage, according to the session law.

  • A covered noncompete may not exceed a duration specified by law and must tie to a defined geographic area and services similar to those the employee actually performed.
  • Employers must give written advice of the right to seek counsel and must deliver the agreement at least seven days before an offer expires, per the statutory requirements.
  • A written acknowledgment concerning confidential information or customer relationships is required for the agreement to qualify.
  • Upon enforcement, a court must preliminarily enjoin the covered employee unless the employee or a third party shows an exception by clear and convincing evidence, and prevailing employers may pursue monetary damages and attorney fees.
  • Garden leave requires continuing the employee’s salary and benefits from the last month before notice, and after the first 90 days the employee need not actually perform work, with the noncompete period reduced day for day for that nonworking time, as described in the session law text.

The statute also applies when an employee’s primary place of work is Florida, regardless of a choice-of-law clause pointing elsewhere.

How courts actually evaluate enforceability

The two tracks put very different weight on each side’s shoulders, and the practical difference shows up fastest at the preliminary injunction stage.

  1. Under ordinary §542.335, the employer pleads and proves a legitimate business interest first, and the employee can then rebut it by showing the restriction is overbroad or unnecessary to protect that interest.
  2. Under the CHOICE Act, a covered agreement carries a statutory presumption favoring enforcement, and courts are directed to issue a preliminary injunction unless the employee or a third party meets a clear-and-convincing standard for a statutory exception.
  3. Strong evidence in either track includes signed written acknowledgments, documents tying the restriction to the employee’s specific duties, compensation records establishing covered-employee status, and precise geographic or activity definitions.
  4. Judges routinely narrow rather than void agreements under §542.335, while the CHOICE Act’s preliminary relief posture leaves employees with a steeper initial climb once coverage is established.

The upshot is that documentation quality often decides these cases before a judge ever reaches the merits.

Covered employee test and the earnings threshold in practice

Whether someone counts as a covered employee turns on an earnings test, and it is worth confirming early because it changes which procedural rules apply. The threshold is tied to twice the annual mean wage for the relevant Florida county, applied to actual or reasonably expected earnings, under the CHOICE Act session law. Healthcare workers are excluded from coverage, and certain individual contractors can qualify alongside traditional employees.

  • Confirm which county’s mean wage applies to the employee’s actual work location, not necessarily the employer’s headquarters.
  • Keep compensation records, offer letters, and bonus structures on file to document expected earnings if coverage is ever disputed.
  • Remember that Florida law can govern even when an out-of-state choice-of-law clause says otherwise, as long as the employee’s primary place of work is Florida.

Pro Tip: Save the original signed offer letter and any compensation modeling used to project earnings; it is often the single most useful document for establishing or disputing covered-employee status.

Remedies, garden leave rules, and timing issues

Remedies differ sharply depending on the track, and timing decisions early in a dispute can shape the entire case.

  • Under the CHOICE Act, courts must preliminarily enjoin a covered employee absent a clear-and-convincing exception, and prevailing employers can recover monetary damages and attorney fees under §542.45.
  • Under §542.335, courts can grant injunctions but will narrow overbroad terms rather than deny relief outright, and temporary injunctions typically require a bond.
  • Garden leave pay and benefits must match what the employee received in the last month before notice, and the noncompete period shrinks day for day for nonworking garden-leave time.

The CHOICE Act’s seven-day notice window before offer expiration is a real compliance checkpoint, and delivery records or signed acknowledgments from that window frequently become the deciding evidence in enforcement disputes, according to the statute itself.

Confidential filings and emergency motions move fast once litigation starts, so anyone facing a potential dispute should treat document preservation as an immediate priority, not an afterthought.

Practical checklists for employers and employees

Both sides reduce their litigation exposure by acting early, before a dispute reaches a courtroom.

  1. Employers drafting agreements should keep restrictions job-specific, tie them to services the employee actually provided in the prior three years, obtain written acknowledgments, and deliver covered agreements at least seven days before an offer expires.
  2. Employers should also document garden-leave terms clearly and keep organized records of delivery dates and signed acknowledgments, since those records carry outsized weight in enforcement litigation.
  3. Employees evaluating an agreement should confirm whether they meet the covered-employee earnings threshold, get counsel before signing or resigning, and preserve pay stubs and notice communications.
  4. Employees should avoid using or retaining employer confidential data after departure and should document their actual job duties in case a dispute arises over the scope of a restriction.

Negotiation often beats litigation for both sides. Carve-outs for specific clients, shorter timeframes, or narrower geography can resolve disputes without a courtroom fight, and some employers prefer garden-leave arrangements over aggressive injunction practice. For guidance on drafting specificity and garden-leave structuring, Matthew Fornaro’s practical overview offers useful supplemental detail.

Pro Tip: If enforcement is threatened, preserve every relevant communication immediately and avoid making unilateral statements or admissions before speaking with counsel.

Illustration of preserving communications before legal advice

Firm perspective: what actually moves the needle in these disputes

Judges deciding noncompete cases focus heavily on documentation. Role-specific proof, tying a restriction to actual duties and actual confidential relationships, tends to carry more weight than the language of the restriction itself. Precise drafting changes litigation posture before a case ever reaches a hearing, because vague or overbroad terms invite modification or outright challenge, while narrow, well-documented terms give an employer real settlement leverage. Injunction practice, including the elements courts apply to equitable relief, is explained further in Oldham Law’s overview of specific performance in Florida courts.

— Jorge

How Calil Law can help with a Florida noncompete dispute

If you are facing a noncompete dispute in Florida, whether you signed one, are being asked to sign one, or are being threatened with enforcement, a confidential case review can clarify which statutory track applies and what your options look like.

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Before a consultation, gather your signed agreement, any notice or delivery communications, recent pay records, and a timeline of relevant events. If enforcement feels imminent, timing matters, since injunction motions and emergency relief can move within days. The firm is led by an experienced lawyer with judgment in complex commercial litigation, and cases are reviewed personally rather than being delegated. Reach out through our practice areas page to start a confidential conversation about your situation.

Primary statutes and official rule texts

This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.

Sources

FAQ

Are noncompetes still enforceable in Florida?

Yes, Florida enforces noncompetes that meet the requirements of either §542.335 or the CHOICE Act’s §542.45. Enforceability depends on which track applies and whether the agreement satisfies that track’s writing, notice, and reasonableness requirements.

How can I get out of a noncompete in Florida?

Start by confirming which statutory track governs the agreement and whether it meets all required elements, such as a signed writing under §542.335 or the notice and acknowledgment steps under the CHOICE Act. An attorney can assess whether the restriction is overbroad, whether you meet the covered-employee threshold, or whether a negotiated carve-out is possible.

A two-year restriction is generally within the range courts view favorably, since §542.335 treats restraints of five years or less tied to trade secrets as presumptively reasonable. The CHOICE Act separately allows covered noncompetes to run up to four years, so a two-year term fits comfortably under either track, though reasonableness still depends on geography and scope.

What determines whether Florida law applies despite an out-of-state contract clause?

Florida’s CHOICE Act applies when the employee’s primary place of work is Florida, regardless of a choice-of-law provision pointing to another state, according to the session law. This primary-place-of-work rule prevents employers from avoiding Florida’s requirements simply by naming another state’s law in the contract.

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