Florida Non-Compete Agreement Template

Florida rules built into this template

• Under Fla. Stat. § 542.335, a restrictive covenant must be in a writing signed by the employee and is enforceable only if the employer proves a legitimate business interest justifying it, such as trade secrets, valuable confidential business information, or substantial relationships with specific customers. For an employee, a restriction of six months or less is presumed reasonable and one of more than two years is presumed unreasonable. Florida's CHOICE Act (Fla. Stat. § 542.45) allows longer covenants for certain highly paid employees only if its specific notice and review requirements are met; the Standard agreement is not drafted as a covered agreement under that Act.
• Federal law: the FTC's 2024 rule banning most non-competes was set aside by a federal court and is not in effect, so state law controls.

What the Non-Compete Agreement includes

1. Purpose and Legitimate Business Interests
2. Non-Competition
3. Restricted Period
4. Geographic Area
5. Consideration
6. Confidentiality
7. Protected Rights
8. Acknowledgments
9. Remedies
10. Reformation and Severability
11. State Law Requirements
12. General Provisions
13. Governing Law

Frequently asked questions

Are non-compete agreements enforceable in Florida?

Under Fla. Stat. § 542.335, a restrictive covenant must be in a writing signed by the employee and is enforceable only if the employer proves a legitimate business interest justifying it, such as trade secrets, valuable confidential business information, or substantial relationships with specific customers. For an employee, a restriction of six months or less is presumed reasonable and one of more than two years is presumed unreasonable. Florida's CHOICE Act (Fla. Stat. § 542.45) allows longer covenants for certain highly paid employees only if its specific notice and review requirements are met; the Standard agreement is not drafted as a covered agreement under that Act.

How long can a non-compete last?

In Florida, a restriction of six months or less on a former employee is presumed reasonable and one longer than two years is presumed unreasonable (Fla. Stat. § 542.335). Longer terms are possible only for covered high earners under the CHOICE Act.

What is the difference between the Standard and Professional Non-Compete Agreement?

The Standard edition is a complete, state-aware Non-Compete Agreement for common situations. The Professional edition adds longer clause coverage, schedules, and optional modules for more complex matters. You can preview either edition free before you pay.

Non-Compete Agreement templates for other states

• California
• Texas
• New York
• Pennsylvania
• Illinois
• Ohio
• Georgia
• North Carolina
• Michigan
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