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Can a home care agency make caregivers sign a non-compete in Florida?
Last verified October 17, 2026 · All Florida resources
Generally enforceable if reasonable. Florida is one of the most enforcement-friendly states. Courts must enforce reasonable restrictive covenants that protect a legitimate business interest and cannot consider the employee's personal hardship. For employees, a restriction of 6 months or less is presumed reasonable and one over 2 years is presumed unreasonable. There is no wage floor, so covenants with caregivers can be enforced if reasonable.
| Status | Generally enforceable if reasonable |
|---|---|
| Wage threshold | No floor bars non-competes. The 2025 CHOICE Act adds stronger enforcement, with terms up to 4 years, only for covered employees earning more than twice the annual mean wage of the relevant Florida county; health care practitioners are excluded from that Act. |
| Healthcare-specific rule | Restrictive covenants with physician specialists are void where one entity employs all physicians practicing that specialty in the county (Fla. Stat. § 542.336). Health care practitioners are excluded from the CHOICE Act's enhanced enforcement. |
| Client non-solicitation | Employees may agree not to solicit their employer's old customers within a reasonably limited time and area; substantial customer relationships are a legitimate business interest. |
| Notice requirements | For CHOICE Act covered agreements only: the employee must get the agreement at least 7 days before the offer expires or the signing deadline, be told in writing of the right to counsel, and acknowledge receipt of confidential information or customer relationships. |
| Statute | Fla. Stat. §§ 542.335, 542.336, 542.41-542.45 |
| Latest change | 2025-07-01 |
What about a client hiring your caregiver directly?
That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.
General information, not legal advice.
Sources
More for Florida
Non-compete rules by state: other states
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