Non-Compete Agreements for Dentists: What You Need to Know in Florida

Welcome to today’s mini vlog on “Non-Compete Agreements for Dentists: What You Need to Know in Florida.” Non-compete agreements are common in the dental industry and can play a critical role in protecting your practice, especially when hiring new associates or selling your business. These agreements typically prevent a dentist from practicing within a specific geographic area or for a certain period of time after leaving a practice. While non-compete clauses can be useful tools, they must comply with Florida law to be enforceable. If you’re considering using or signing a non-compete agreement, understanding the legal landscape is essential, and working with an attorney is key to ensuring the agreement is fair and legally sound.

One of the most important aspects of non-compete agreements in Florida is that they must be reasonable in terms of time and geographic scope. In deciding whether to enforce a non-compete, a Florida court may not consider any individualized economic or other hardship to the person restricted (s. 542.335(1)(g)1, Fla. Stat., as of October 2026). For instance, a non-compete agreement that restricts a dentist from practicing within a 5-mile radius for 1 to 2 years is more likely to be enforceable than one that prohibits practice over an entire city or state for an extended period. For an associate, Florida presumes a restriction of 6 months or less reasonable and one of more than 2 years unreasonable. When a dentist sells a practice, the presumptions are 3 years or less reasonable and more than 7 years unreasonable (s. 542.335(1)(d)1 and 3, Fla. Stat.). An attorney can help draft a non-compete agreement with these legal standards in mind.

Another critical factor is whether the non-compete agreement protects a legitimate business interest. In Florida, a non-compete must protect a legitimate business interest, such as trade secrets, substantial relationships with specific patients, or extraordinary or specialized training (s. 542.335(1)(b), Fla. Stat.). Simply wanting to limit competition is not enough. The agreement should be tailored to protect the value of your practice without overly restricting the dentist’s ability to work elsewhere. An attorney can help tailor a non-compete to the specific interests it protects, within Florida’s limits.

Florida’s CHOICE Act (ss. 542.41 to 542.45, Fla. Stat., effective August 15, 2025) allows longer non-competes for some high earners. It excludes health care practitioners, which include dentists, so dentist non-competes remain governed by s. 542.335 (as of October 2026).

Given the complexity of drafting and enforcing non-compete agreements, many practices involve an attorney. Whether you’re a practice owner looking to protect your business or a dentist evaluating whether to sign an agreement, an attorney can provide valuable guidance. They can help you navigate Florida’s legal requirements.

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
• Understanding Dental Practice Valuations: EBITDA, Add-Backs, and What Buyers Actually Pay
• Selling Your Dental Practice: The Pre-LOI Mistakes That Cost Sellers the Most
• Employment Agreements for General Dentists: What to Address

Practice area: Dental Practice Sale and Acquisition Attorney in Florida