Reviewed by Erik Newton, Esq., on October 8, 2026.
Non-compete agreements are a common tool used by healthcare practices to protect their business interests, especially when hiring medical professionals or when a doctor leaves a practice. These agreements typically restrict the ability of a medical professional to practice in a specific geographic area for a set period after leaving the employer. While non-compete clauses can be beneficial, they must be carefully drafted and comply with Florida’s legal standards to be enforceable. For both employers and medical professionals, understanding how to navigate non-compete agreements is essential, and having an experienced attorney on your side is crucial.
One of the most important factors in a non-compete agreement is ensuring that it is reasonable in scope, time, and geography. In Florida, non-compete agreements must be limited to what is necessary to protect the employer’s legitimate business interests, such as substantial relationships with specific patients, trade secrets, or extraordinary or specialized training (s. 542.335(1)(b), Fla. Stat.). For example, a non-compete that restricts a doctor from practicing within a 10-mile radius of the practice for 1-2 years may be reasonable, while broader restrictions may be challenged as overly restrictive. For a former employee, Florida presumes a restriction of 6 months or less reasonable and more than 2 years unreasonable (s. 542.335(1)(d)1). An attorney can help you craft or review a non-compete agreement against Florida’s legal standards.
Florida’s CHOICE Act (ss. 542.41 to 542.45, Fla. Stat., effective August 15, 2025) does not apply to licensed health care practitioners, including dentists and physicians. Their non-competes remain governed by s. 542.335 (as of October 2026).
It’s also critical to ensure that the non-compete agreement is supported by a legitimate business interest. In Florida, non-competes are only enforceable if they protect specific interests, such as proprietary business information, substantial client relationships, or investment in the professional’s training. Without these factors, a non-compete may be considered invalid. If you’re an employer looking to implement a non-compete, it’s essential to work with an attorney to clearly define what business interests you’re protecting. For medical professionals, having an attorney review the agreement can help you understand the scope of restrictions and whether they are legally enforceable.
Given the legal complexities surrounding non-compete agreements, both medical professionals and employers often involve an attorney. An attorney can draft a non-compete with Florida’s requirements and the practice’s needs in mind. For medical professionals, an attorney can help negotiate the terms of the agreement or challenge it if it’s overly restrictive. Clear terms can reduce disputes over what the covenant covers.
Related reading
- DSO vs. Private Buyer: Choosing the Right Exit for Your Dental Practice
- The Letter of Intent in Dental Practice Sales: Why Most of Your Leverage Lives Here
- Dental Mergers and Acquisitions Case Studies: Lessons Learned and Success Stories
- Employment Agreements for Endodontists
Practice area: Dental Practice Sale and Acquisition Attorney in Florida
This article is for informational purposes only and is not legal advice. No attorney-client relationship is formed by reading it.