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MIAMI, FL – Florida’s non-compete law underwent significant change with the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, which took effect on July 1, 2025, and now allows restrictions of up to four years for high-earning employees. Miami non-compete agreement attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/what-to-know-florida-non-compete-agreement/) outlines what the statute requires, how courts evaluate enforceability, and what employees and employers should consider before signing or attempting to enforce a restrictive covenant.

According to Miami non-compete agreement attorney Jason D. Berkowitz, Florida Statutes Section 542.335 sets the baseline for evaluating any restrictive covenant. The agreement must be in writing, signed by the restricted party, and supported by a legitimate business interest such as trade secrets, confidential information, substantial customer relationships, customer goodwill, or specialized training. “Florida courts are generally willing to enforce well-drafted non-competes,” Berkowitz explains. “What makes the state especially employer-friendly is that judges may modify overbroad terms rather than throw out the entire agreement.”

Miami non-compete agreement attorney Jason D. Berkowitz notes that the statute creates specific presumptions about reasonable duration. Restrictions of six months or less are presumed reasonable for former employees, while restrictions exceeding two years are presumed unreasonable. Restrictions between six months and two years carry no presumption either way. When the agreement is based solely on protecting trade secrets, restrictions of up to five years may be considered reasonable, with the ten-year mark presumed unreasonable.

The firm explains that the CHOICE Act operates as a separate statutory framework alongside Section 542.335. Anisley Tarragona of BT Law Group adds that the new law applies only to “covered employees,” defined as individuals who earn or are reasonably expected to earn a salary greater than twice the annual mean wage of the relevant county. “The CHOICE Act shifts the burden of proof onto the employee to demonstrate that the agreement is unenforceable,” Tarragona advises. “That is a meaningful change from the traditional rule, where the employer bore the burden of proving reasonableness.”

To qualify under the CHOICE Act, the employer must advise the employee in writing of the right to seek counsel before signing, provide the proposed agreement at least seven days before any offer expires, and obtain written acknowledgment that the employee will receive confidential information or customer relationships. The agreement must also reduce the non-compete period day-for-day by any nonworking portion of a covered garden leave notice period.

Berkowitz also addresses what happens when an employee breaches a non-compete. The former employer typically files suit in Miami-Dade County Circuit Court at 73 West Flagler Street or in the applicable federal court, seeking an injunction and monetary damages. Under the CHOICE Act, courts must preliminarily enjoin a covered employee unless the party opposing relief proves a statutory ground for modification by clear and convincing evidence. The prevailing party is entitled to reasonable attorney’s fees and court costs.

“Hiring someone who is bound by a non-compete can create exposure for the new employer as well,” attorney Berkowitz observes. “Tortious interference claims are common in this area, which is why so many employers ask candidates about prior restrictive covenants during the hiring process.” The firm notes that non-competes remain especially common in Brickell-area finance, technology, healthcare, advertising, real estate brokerages, and insurance.

Florida law also recognizes certain limits on enforcement. Attorneys generally cannot be bound by non-competes under the Florida Rules of Professional Conduct, and Section 542.336 voids certain physician restrictive covenants when one entity controls all physicians in a specialty within a county. The CHOICE Act explicitly excludes licensed healthcare professionals from its scope.

For those reviewing a non-compete or facing a potential dispute, Berkowitz advises evaluating the scope of restricted activities, the geographic area, and the duration before signing. Consulting employment counsel early may help identify overbroad provisions and support negotiation of more workable terms.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based law firm focused on employment law disputes throughout South Florida. Led by founding partners Jason D. Berkowitz and Anisley Tarragona, the firm represents employees and employers in non-compete, discrimination, wage and hour, retaliation, and wrongful termination matters. The office is located at 3050 Biscayne Boulevard, Suite 205, Miami, FL 33137. For consultations, call (305) 507-8506.

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