Quick Facts — Noncompete Agreement Lawyers (Florida)

Is a Non-Compete Agreement Enforceable in Florida?

Yes. Non-compete agreements are enforceable in Florida as long as the contract adheres to the requirements laid out in the Florida Statutes governing non-compete agreements.

Under these laws, non-compete agreements will be enforced if the agreement protects a legitimate business interest. Some business interests covered by the statute include:

  • Trade secrets. Trade secrets are information like formulas, patterns, programs, methods, or techniques that have economic value or potential value. To be considered “secret” the employer must take reasonable efforts to maintain its secrecy.
  • Confidential information. Valuable business information that does not fall into the trade secret category but is still maintained as confidential.
  • Relationships. Relationships with customers or clients.
  • Goodwill. The value derived from the company brand like trademark, trade dress, or a specific location.
  • Specialized training. Any training that can be considered extraordinary or specialized.

The rules that govern the Florida bar prohibit non-compete agreements for attorneys.

How Long Does a Florida Non-Compete Agreement Last?

The length of a reasonable non-compete agreement depends on the purpose of the agreement.

  1. Noncompete agreements for employees, independent contracts, and partners in a business entity : 6 months to two years
  2. Noncompete agreements for distributors, dealers, franchisee, or licensee of a trademark: One year to three years
  3. Sale of a business: Three years to seven years

When determining whether the length of a non-compete agreement is reasonable, courts will consider the type of work, specialized training, and the unfair advantage posed by working in a similar or same business.

How Do You Get Around a Non-Compete Agreement in Florida?

Once a non-compete agreement is executed, it is a legally binding contract. However, there are some ways to get around this contract if a person is unreasonably restricted by the terms.

Florida law recognizes certain hardships that may be used to terminate a non-compete agreement. Recognized hardships include:

  • The business doesn’t operate in the jurisdiction covered by the non-compete.
  • The enforcement of the non-compete effects the public health, safety, or welfare.
  • Any other legal and equitable defenses.

Florida laws do not recognize the economic effect that the non-compete agreement has on the employee as a “hardship” so to defeat a non-compete, the employee will need to prove that a recognized hardship exists as a result of the contract.

In Florida, the practice of blue penciling is permitted under Florida laws. This means that if a non-compete agreement is overly broad or unreasonable, the court has the power to modify the contract to make it enforceable. This can be a disadvantage to employees who are attempting to get around a non-compete agreement.

What Happens if You Violate a Non-Compete in Florida?

If an employee is struggling to beat a non-compete agreement, it may be tempting to breach the contract. However, in Florida, violating a non-compete agreement can result in legal consequences including:

  1. Injunction: A court may order you to stop working for a competing company or running your business.
  2. Damages: You may be required to pay damages to your former employer for any harm suffered as a result of the violation.
  3. Legal Fees: You may also be responsible for your former employer's legal fees incurred in enforcing the non-compete agreement.

If you are struggling to overcome a non-compete agreement, it is recommended that you consult with a knowledgeable lawyer for guidance.

What Voids a Florida Non-Compete Agreement?

Florida non-compete agreements must be in writing and must be signed by the employee. A verbal non-compete or a contract that is not signed will not be enforced and will be considered void.

Frequently Asked Questions

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Alexander H.

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I have been licensed to practice law in Florida since 1999. My work has centered on a wide range of family‑court matters, including divorce, child support, custody, paternity cases, and prenuptial agreements. I also handle broader family‑law services such as Last Will & Testaments, Powers of Attorney, and property‑related issues such as Quit Claim Deeds. In addition to family law, I have extensive experience in consumer bankruptcy law, such as Chapter 7 bankruptcy, and advising clients on issues such as wage garnishments, bank levies, foreclosure defense, repossessions, judgment enforcement, credit card lawsuits, and debt defense tactics. I regularly guide individuals on qualifying for bankruptcy, means‑testing, exemption planning, and strategies to protect assets in divorce and bankruptcy. I was recently quoted in the Shilo Sanders bankruptcy trial for USA Today. I developed the Family Law and Bankruptcy Law courses for a law school, and I am the author of Consumer Bankruptcy Law for paralegals and legal professionals, published by Routledge. I also teach business law, economics of law, and bankruptcy in both English and Spanish for an international university.

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Zenaida R.

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I am an active member of The Florida Bar, having successfully passed the Florida Bar Examination in September 2023. My legal career spans over seven years, beginning with extensive experience as a law clerk, where I supported attorneys and developed a strong foundation in client-focused legal work. I focus my own practice on business and estate planning matters, including entity formation, corporate governance and compliance, commercial transactions, and long-term planning for individuals, families, and business owners. My estate planning practice focuses on helping individuals and families protect their assets, plan for incapacity, and ensure their wishes are carried out with clarity and confidence. I regularly prepare wills, trusts, powers of attorney, health care directives, and related planning documents, and I take a personalized, practical approach to each plan—ensuring it reflects the client’s goals, family dynamics, and long-term needs while remaining fully compliant with Florida law.

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Lissette's legal career, spanning over a decade, is distinguished by her significant achievements in civil litigation and her versatile practice in immigration and corporate law. She has demonstrated a formidable presence in the courtroom, securing a verdict of over two million dollars for a client and settling claims totaling more than three million dollars against insurance companies. She is proficient in complex litigation and corporate matters, assisting corporations with entity formation and regulatory compliance. Her work ensures that businesses not only start on a solid legal foundation but also maintain adherence to legal standards as they grow and evolve. Lissette's tenure at the Department of Justice has also been particularly influential. Working directly with immigration judges, she has developed a nuanced understanding of immigration policies and law, enabling her to craft winning strategies that address the unique challenges faced by her clients. Her career is further enriched by her previous teaching engagements at the Maurice A. Deane School of Law at Hofstra University, where she shared her comprehensive knowledge and experience with aspiring lawyers. Lissette's multifaceted expertise underscores her deep-rooted commitment to legal advocacy and excellence, making her a valued counselor and advocate. Known for her tailored client solutions, Lissette achieves successful outcomes across various legal domains.

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Gisselle O.

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Family law attorney licensed in the State of Florida with 5+ years of experience in litigating family law matter including dissolutions of marriage and paternity/child custody cases. Drafting pleadings, including petitions, motions, and responses Preparing discovery requests and responses Organizing and maintain case files and pleadings Communicating with clients to provide case updates and gather information Conducting legal research and draft legal memoranda Attending court hearings, trials, depositions, mediation, etc. Preparing prenuptial and postnuptial agreement

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I am a Swiss-American lawyer based in Florida and specialize in business, investments, and other civil matters. I have won many cases in both state and federal litigation, and arbitration. Before litigation or arbitration, however, I like to prevent these legal disputes by ensuring my clients base their business on strong concrete contracts that will protect them even decades down the road. My clients are my top priority, which is why they get my personal cell and can reach me anytime. My firm is also established on the extremely high standards of professionalism, transparent itemized billing, fast turnaround times and more. For more information, visit: https://www.transnationalmatters.com/

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Lawyer Reviews for Florida Noncompete Agreement Projects

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"First draft that was delivered didn’t meet expectations. Initially offered to do more work if I paid more. Did agree to take a more comprehensive look and provided services. Very prompt"

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5.0

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"Jane was great!"

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"Zachary was very responsive and helpful in reviewing my NDA and providing feedback."

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"Valerie was professional, quick, and precise. Will reach out to her for any future matters. Thank you."

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Employee Rights

Noncompete Agreement

Washington

Asked on Jan 19, 2025

Can my employer enforce a non-compete agreement if I was laid off due to COVID-19?

Can my former employer legally enforce the non-compete agreement I signed when I was hired, considering I was recently laid off due to the economic impact of COVID-19 and the agreement seems to restrict my ability to find new employment in my field? I have been actively seeking new job opportunities in the same industry, but potential employers are hesitant to hire me due to the non-compete agreement, which restricts me from working for competitors or starting my own business in the same field for a certain period of time. I want to understand if the non-compete agreement is still valid and enforceable given the circumstances of my layoff and the current job market conditions.

Merry K.

Answered Jan 28, 2025

I'm sorry, but your question is impossible to answer without reviewing your contract and knowing more about your type of job and compensation. Be aware that terms in such agreements are often found to be non-enforceable. You can start by reviewing the Washington State law on point: https://app.leg.wa.gov/rcw/default.aspx?cite=49.62&full=true

Read 1 attorney answer>

Employment

Noncompete Agreement

New Jersey

Asked on Apr 15, 2021

Can I work for a competitor with my current noncompete?

I have ended my non competent consulting agreement with my current employee and I have an offer to work as an employer “not as consultant” with a competitor company to my privious employees so can I work as an employee without any problem? The consultant agreement says the following: Under any circumstances the consultant shall not engage directly or indirectly either as a principal agent , consultant,stock holder , partner or in any other capacity whatsoever have any other relationship with any business which compete with the company in USA.

Jane C.

Answered Apr 16, 2021

I suggest that you have an attorney review the entire agreement. It is hard to comment reading a paragraph taken out of context. From the limited facts you present, it seems that you cannot accept this job offer without violating the terms of the non-compete. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

Read 2 attorney answers>

Employer

Noncompete Agreement

Florida

Asked on Jul 6, 2023

How to draft a noncompete agreement?

I am a business owner who is looking to hire a new employee and I want to ensure that my business does not suffer from any competition that the employee might bring in the future. I need to know how to draft a noncompete agreement so that I can protect my business from any potential risks.

Daniel D.

Answered Jul 21, 2023

Some things that would be relevant to know are: what industry are you in? What specific competition are you worried about? Are you going to include non-disclosure provisions, no-solicitation provisions or non-circumvention provisions? What risks are you specifically worried about?

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Employee Rights

Noncompete Agreement

California

Asked on Sep 12, 2022

i work for a employer from illinois ,however i am in california. My contract has non compete clause. will that be enforceable

My employer has placed me in a position thru another vendor. My employer contract with that vendor is ending. So vendor contacted me. However I am in contract with my employer for 1 year contract.

Christopher M.

Answered Sep 13, 2022

Short answer: Probably no, non-compete and non-solicitation clauses are not usually enforceable on an employee in California. Long Answer: Regardless of the choice of law provision in your contract, if an enforcement action is brought against you in California, the California courts will dismiss it as it goes against the "public policy of the state" unless your employer can make a really compelling case. Most states respect the stated public policy of other states when deciding matters against their citizens, so even if the case was brought in another states courts your soon to be former employer would probably be powerless to get a judgement enforcing your non-compete.

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Business Contracts

Noncompete Agreement

Florida

Asked on May 21, 2023

Noncompete agreement for consultants?

I am a consultant who is looking to take on a new client, but the client requires me to sign a Noncompete Agreement. I want to make sure that I am not signing away my rights, and that the agreement is fair and reasonable. I am also interested in understanding how this agreement would affect my ability to work with other clients.

Venus C.

Answered May 30, 2023

Hello. I appreciate your concerns about signing a Noncompete Agreement. It's essential to protect your rights and ensure the agreement is fair and reasonable given that a noncompete typically restricts competing activities during or after the term of engagement. Without knowing more about the business relationship and reviewing the actual terms, whether the non-compete is fair, reasonable, or even enforceable remains an open-ended question. Bearing this in mind, if the noncompete is preventing you from taking on other clients during or after the end of your relationship (or both), the scope of this restriction must be reasonable in terms of time, geographic area, and the specific activities it seeks to prevent. For example, does the noncompete specify the types of clients, industries, or geographic areas that are off-limits? What is the duration of the noncompete? If the client breaches your main agreement, will that render your noncompete void and unenforceable? These are just a few general questions that require a thorough review and analysis against Florida non-compete laws. Overall, the ultimate goal is to carefully review the terms to understand how they might impact your ability to take on new clients. If you don’t understand or are unsure about the contractual terms and their legal implications, it's highly recommended you consult with an attorney who can review the noncompete and provide you with personalized legal advice before you sign.

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