Primary statute
Fla. Stat. § 542.335
Primary verified- Research verified
- 2026-05-08
Enforceable with limits
Non-compete enforceability in Florida
Most pro-enforcement reformation regime in the U.S. Statute mandates court reformation of overbroad covenants and bars narrow construction against the drafter.
What this means for you
Florida generally enforces non-competes that protect a legitimate business interest and are reasonable in duration, geography, and scope. Courts apply this state's reformation or blue-pencil approach to overbroad clauses.
Doctrine
Mandatory reformation. The statute requires courts to rewrite over-broad covenants to the extent necessary to make them enforceable.
Gotchas
- § 542.335(1)(c) — court 'shall modify' overbroad restraints.
- § 542.335(1)(h) — bars construction against drafter; presumption favors employer's legitimate business interest.
- Half-life-of-business presumption: courts look hard at whether the legitimate business interest justifies the duration.
Federal context
The FTC's 2024 federal non-compete ban was vacated nationwide in Ryan v. FTC and removed from the Code of Federal Regulations in February 2026. There is no federal ban in force — so Florida's state law controls. Read the federal status.
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