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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With 19 years of experience in the area of estate planning, trademarks, copyrights and contracts, I am currently licensed in Florida and NJ. My expertise includes: counseling clients on intellectual property availability, use and registration; oversee all procedural details of registration and responses with the USPTO/US Copyright Office; negotiate, draft and review corporate contracts and licensing; counsel clients on personal protection, planning and drafting comprehensive estate plans.

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Melissa Taylor, the President and founding partner of Maurer Taylor Law, specializes in business contract review and drafting and is a second-generation attorney with private firm, in-house counsel, governmental, entrepreneurial, and solo practitioner experience. Melissa has a strong legal background, a dedication to customer service, is friendly, warm and communicative, and is particularly skilled at explaining complex legal matters in a way that's easy to understand. Melissa personally handles all client matters from start to finish to ensure client satisfaction.

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Contracts

Noncompete Agreement

Florida

Asked on Jul 30, 2023

Noncompete agreement and severance packages?

I recently left my job of 5 years, where I had signed a non-compete agreement. I am now negotiating a severance package with my former employer and am unsure of what my rights and obligations are regarding the non-compete agreement. I am seeking clarification on how the non-compete agreement should be handled in relation to the terms of my severance package.

Diane D.

Answered Sep 1, 2023

To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.

Read 1 attorney answer>

Employment

Noncompete Agreement

Washington

Asked on Jul 11, 2023

Noncompete agreement termination options?

I recently left my job after signing a Noncompete Agreement. I am looking for a new job, but I am concerned about the restrictions in the Noncompete Agreement and how it might affect my ability to find a new job. I am looking for advice on my options for terminating or modifying the Noncompete Agreement so that I can find a new job without having to worry about any potential legal repercussions.

Merry K.

Answered Aug 15, 2023

I am a WA State employment attorney. If you didn’t receive anything in return for signing the non-compete, it may be relatively easy to get out of it. If, however, you signed in return for something, such as a severance package, it will be challenging to get out of the agreement. However, many non-compete agreements are written overly broadly and may not be enforceable under the laws of WA and other states. You may want to consult with a WA State employment attorney for a review of the documents and law(s) of the state(s) where you may want to work or set up a business. (A WA State attorney can only provide legal advice in WA, but can help you find applicable law/case decisions for other states but without providing anything beyond information, much like a law librarian).

Read 1 attorney answer>

Business Contracts

Noncompete Agreement

California

Asked on May 21, 2023

Noncompete agreement time restrictions?

I am an entrepreneur who recently signed a Noncompete Agreement with a potential business partner, and I am looking to gain a better understanding of the time restrictions that are in place. I am concerned that the terms of the agreement may prevent me from pursuing other opportunities in the future and want to make sure I am aware of all the restrictions before making any decisions.

Gagandeep K.

Answered May 30, 2023

The non-compete agreement will likely specify the non-compete period/time restriction. If that is not obviously stated, you should consider having an attorney review the non-compete agreement. Typically, a non-compete agreement in a partnership or LLC places a geographic limitation for a certain time period such that the partner/member is prevented from carrying-on a similar business in a geographic area where the partnership/LLC has done and continues to do business. You can read more about non-compete agreements in California here: https://www.contractscounsel.com/t/us/noncompete-agreement/california.

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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

Texas

Asked on Jun 3, 2023

Noncompete agreement and moonlighting?

I am an employee at a company that has recently asked me to sign a noncompete agreement. I am considering doing so, but I am concerned about whether or not the agreement would prevent me from taking on additional freelance work outside of my normal job. I am interested in moonlighting and need to know if a noncompete agreement would limit my ability to do so.

Curt L.

Answered Jun 6, 2023

If you moonlighting work is in the same business and same market, it is almost certainly prohibited by a noncompete agreement.

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