Non-compete laws · FL
Florida physician non-compete law
As of October 21, 2026, Florida law allows physician non-competes only within limits.
Allowed with physician-specific limitsChecked 2026-10-21
Noncompetes are generally enforceable if reasonable and supported by a legitimate business interest (§ 542.335). A physician covenant is void where one entity employs or contracts with all physicians of that specialty in the county. The 2025 CHOICE Act excludes health care practitioners. (Fla. Stat. § 542.336 (2026 Florida Statutes))
Limits in the law
- § 542.336: a covenant with an MD/DO practicing a specialty in a county where one entity (with affiliates) employs or contracts with all physicians in that specialty is not supported by a legitimate business interest and is void; it stays void for 3 years after a second entity begins offering that specialty in the county
- § 542.335(1)(a): covenant must be in a writing signed by the person against whom enforcement is sought
- § 542.335(1)(d)1: for former employees/contractors (not tied to a sale), restraints of 6 months or less are presumed reasonable and over 2 years presumed unreasonable (rebuttable)
- § 542.335(1)(c): courts must modify overbroad or overlong restraints rather than refuse enforcement
- § 542.335(1)(g): courts may not consider individual hardship but must consider the effect on public health, safety and welfare
Who it covers
§ 542.336: physicians licensed under ch. 458 (allopathic) or ch. 459 (osteopathic). § 542.335 applies to restrictive covenants generally. The CHOICE Act's 'covered employee' definition excludes all health care practitioners as defined in s. 456.001, a group broader than physicians.
Exceptions
- Sale of a business or professional practice: restraints of 3 years or less presumed reasonable, over 7 years presumed unreasonable (§ 542.335(1)(d)3)
- CHOICE Act (§§ 542.41-542.45) does not apply to a 'health care practitioner' as defined in s. 456.001 (§ 542.43(3))
Effective date
The current rule took effect 2019-06-25.
Notes
§ 542.336 took effect June 25, 2019. The 2025 CHOICE Act, which strengthens enforcement for high earners, excludes health care practitioners. Physician noncompete bills in 2025 (HB 485, SB 942) died.
Bills that have not become law
Non-compete bills from the 2025 and 2026 sessions that had not become law as of 2026-10-21, furthest along first. A bill that died has to be filed again to move in 2027. The 2027 session starts 2027-03-02 and ends 2027-04-30.
- SB 942 / HB 485 (2025) · Physicians
Would declare restrictive covenants in physician employment agreements void and unenforceable (amends s. 542.336). Bills are 'compare', not identical.
Committee action · Died. SB 942: Senate Health Policy favorable 2025-03-11 (8-2); indefinitely postponed 2025-05-03; died in Commerce and Tourism 2025-06-16. HB 485: died in House Health Professions & Programs Subcommittee 2025-06-16
Sources
- Fla. Stat. § 542.336 (2026 Florida Statutes) (statute)
- Fla. Stat. § 542.336 (Florida Senate, 2026 Statutes) (statute)
- Ch. 2019-138, Laws of Fla. (creating § 542.336) (session-law)
- CS/CS/CS/HB 1219 (2025), Ch. 2025-213 (Florida CHOICE Act) (session-law)
Questions to ask about your contract
- Is the radius measured from your practice site or from every location the employer owns?
- Does the restriction apply if the employer terminates you without cause?
- Is there a buyout, and how is the amount calculated?
- What does your state's law say about physician non-competes?
Not legal advice. This page summarizes the law as written. Whether a particular agreement is enforceable depends on its wording, when it was signed and court decisions. Ask an attorney licensed in Florida.