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What Does Florida's CHOICE Act Mean for Non-Competes?
Use the free tool — Offer Letter & Non-Compete Decoder FL
Why a Non-Compete Clause Deserves a Careful Read
A non-compete clause can keep you from working in your trade for a period of time after you leave a job, sometimes within a certain area. Florida enforces non-competes more than most states do — but only within limits set by law. Before you sign anything, it helps to know what the law actually allows and what's just written into a contract hoping you won't ask questions.
The General Rule: Florida Statutes §542.335
Florida Statutes §542.335 is the main law that governs non-compete agreements in this state. It sets limits on things like how long a restriction can last, where it can apply, and what it can restrict. The exact limits depend on the specifics of your situation and your document — a general guide like this one can't state them without seeing your actual clause.
- Enforceability depends on facts a court would weigh.
- This page can't predict how a court would rule on your specific clause.
- Confirm details with a Florida employment attorney or the relevant agency.
What the 2025 CHOICE Act Changed
In 2025, Florida added the CHOICE Act alongside §542.335. According to available material, it changed the non-compete rules specifically for higher earners. What isn't specified here is the exact income threshold, or exactly how the new rules for higher earners differ from the general rule for everyone else. That's something to confirm with a professional or the agency directly — don't assume a number that isn't written down.
Other Clauses Worth Reading Twice
A non-compete is rarely the only clause worth a second look. Offer letters and related agreements often bury other terms that matter just as much:
- Pay and at-will status — what you're actually promised, and whether the job can end at any time.
- Bonus clawbacks — whether you have to repay a bonus if you leave.
- Arbitration clauses — whether disputes go to arbitration instead of court.
- IP assignment — language saying ideas you create become the employer's property.
- Non-solicit clauses — restrictions on contacting former coworkers or clients.
Questions to Ask Before You Sign
- How long does the non-compete last, and where does it apply?
- Does the CHOICE Act's higher-earner rule apply to me, and how would I know?
- Is the bonus repayment pro-rated, or do I owe it all back no matter when I leave?
- Does the arbitration clause cover everything, or are there carve-outs?
A one-hour consultation with a Florida employment attorney before signing a non-compete that could keep you out of your trade is cheap insurance. This page explains the law in plain words, but it is not legal advice.
What to Do Next
The free tool reads your own offer letter, non-compete, or both — not a generic example. Paste your document and it walks through each clause in plain words, flags what §542.335 and the CHOICE Act generally allow, and drafts a polite counter-letter you can send. Still confirm anything important with a Florida employment attorney before you sign.
Offer Letter & Non-Compete Decoder FL is an informational tool based on Florida Statutes 542.335, the Florida CHOICE Act (2025), the FLSA and general contract principles as of 2025–26. It is not legal advice and cannot predict how a court would rule. It does not send letters. It is not affiliated with any employer, union or agency.