Florida GOP Looks to Woo Business With Noncompete Friendly Bill

Florida would make it easier for businesses to enforce noncompete agreements against former employees, under a bill headed to Gov. Ron DeSantis (R) that bucks the national trend of restricting noncompetes.

The legislation (HB 1219) sets parameters including an employee wage floor to define certain noncompete and leave agreements as permissible under state law. If those parameters are met, an employer seeking to enforce a contract would be entitled to a court injunction blocking their former employee from working for a competing business while a legal dispute proceeds.

If DeSantis signs it, the measure would take effect July 1. The governor’s office didn’t immediately respond to a request for comment on the bill.

Supporters of the Republican-backed bill said it would help attract innovative businesses to the state by giving them more power to prevent workers carrying off their trade secrets to competitors. The Florida Senate took the final vote April 24 to send the bill to DeSantis, a roughly party-line vote of 28-9 with most Democrats opposed.

Policymaking over the last five years has largely trended in the other direction, with state legislatures and federal agencies attempting to limit or ban the use of noncompetes to give workers more career mobility. But federal courts last year blocked the Federal Trade Commission’s nationwide ban on noncompetes from taking effect.

Contracts covered by the Florida measure could only apply to workers making more than double the local median annual wage for their employer’s home office or their place of work. Florida’s statewide median wage in 2024 was $46,860. The contracts’ duration would be capped at four years—unlike many states where one or two years is considered the maximum reasonable duration for a noncompete.

Employers often require employees to sign noncompete contracts agreeing they won’t go work for a competing business or perform a competing job for a certain period of time after leaving an employer. Under a garden leave agreement, an employee remains on the employer’s payroll for a certain time period but generally stops working, remaining at home—or “in their garden"—rather than going to work for a competitor.

Under current Florida law, employers wishing to enforce a noncompete agreement in court must prove that it meets a legitimate business interest such as protecting trade secrets and that it’s reasonable in time period, geographic area, and type of business or work duties prohibited.