Florida Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers (Florida)
- Avg cost to review a Non-Compete Agreement: $280.00
- Lawyers available: 71 Florida employment lawyers
- Clients helped: 45 recent noncompete agreement projects in Florida
- Avg lawyer rating: 4.98 (16 reviews)
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.
- Noncompete agreements for employees, independent contracts, and partners in a business entity : 6 months to two years
- Noncompete agreements for distributors, dealers, franchisee, or licensee of a trademark: One year to three years
- 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:
- Injunction: A court may order you to stop working for a competing company or running your business.
- Damages: You may be required to pay damages to your former employer for any harm suffered as a result of the violation.
- 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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Need help with a Noncompete Agreement?
Meet some of our Florida Noncompete Agreement Lawyers
Lawrence S.
Lawrence A. “Larry” Saichek is an AV rated attorney and a CPA focusing on business and real estate transactions, corporate law and alternative dispute resolution. With a background including five years of public accounting and six years as “in house” counsel to a national real estate investment company, Larry brings a unique perspective to his clients – as attorney, accountant and businessman. Many clients think of Larry as their outside “in house” counsel and a valued member of their team. Larry is also a Florida Supreme Court Certified Mediator and a qualified arbitrator with over 25 years of ADR experience.
"High recommend. Lawrence is very detailed and responsive. Will use again"
Pura R.
Pura Rodriguez, JD, MBA is the President and Managing Partner of A Physician’s Firm, based in Miami. She represents healthcare providers from different specialties in a broad range of issues, including contract review, business planning and transactions, mergers and acquisitions, vendor and contract disputes, risk management, fraud and abuse compliance (Anti-Kickback Statute and Stark), HIPAA compliance, medical staff credentialing, employment law, and federal and state regulations. She also assists providers in planning their estates, protecting their assets, and work visa requirements.
"Excellent attorney. Assignment done on time. Well rounded with medical contracts, especially pediatrics. Highly recommended."
Eric M.
Experienced and business-oriented attorney with a great depth of contract experience including vendor contracts, service contracts, employment, licenses, operating agreements and other corporate compliance documents.
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Terence B.
Terry Brennan is an experienced corporate, intellectual property and emerging company transactions attorney who has been a partner at two national Wall Street law firms and a trusted corporate counsel. He focuses on providing practical, cost-efficient and creative legal advice to entrepreneurs, established enterprises and investors for business, corporate finance, intellectual property and technology transactions. As a partner at prominent law firms, Terry's work centered around financing, mergers and acquisitions, joint ventures, securities transactions, outsourcing and structuring of business entities to protect, license, finance and commercialize technology, manufacturing, digital media, intellectual property, entertainment and financial assets. As the General Counsel of IBAX Healthcare Systems, Terry was responsible for all legal and related business matters including health information systems licensing agreements, merger and acquisitions, product development and regulatory issues, contract administr
"Working with Terence was quick and easy, we would highly recommend him."
July 15, 2020
Lourdes H.
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.
July 15, 2020
Melissa T.
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.
January 16, 2021
Jessica K.
I assist individuals and businesses across the state of Florida with litigation, contract drafting, contract interpretation, and issues that may arise because of contract terms, including demands (cease-and-desist letters) and litigation. I have experience with non-compete agreements, privacy policies, website terms, settlement agreements, intellectual property disputes, and many other disputes. Please reach out if I can help you with a litigation- or contract-related project!
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Browse Lawyers NowLawyer Reviews for Florida Noncompete Agreement Projects
Review Non-Compete Clause in Coaching Program Agreement
"Zachary did a great job and delivered his answers quickly."
Review Noncompete Agreement
"Absolutely incredible person super responsive and willing to help me navigate through a challenging situation. Allen is top notch, professional, and comprehensive."
Texas Post-Employment Non-Compete & Non-Solicit Review — 4 Written Questions, Flat Fee.
"Delivered the scoped work product ahead of the agreed deadline. The memorandum was clear, well-organized, and the analysis was actionable. Texas covenant knowledge as advertised. One caution: the bid listed a deliverable that was later recharacterized, and all requests were answered with strict scope language. Ensure everything from the bid appears in the engagement letter before signing. Work quality: strong. Style: strictly transactional."
Reply From Philips V.
Thank you for taking the time to share your feedback. This engagement was a limited‑scope project focused on providing written legal analysis to the four specific questions in your bid request. You selected my bid after your clarifying questions were fully answered, and the engagement letter reflected that scope as written. The work product delivered matched the scope requested and agreed to in the engagement letter. Clear deliverables upfront make short, fixed‑fee engagements efficient and predictable, and they help ensure competitive bids are evaluated on a consistent scope. We all expect a level playing field with fixed goal posts. I am glad to hear the memorandum was clear, well organized, and actionable, and that the work quality and timeliness met your expectations. I appreciate the opportunity to assist with your Texas covenant review.
View MoreLegal Advice Needed on Non-Compete in Government Consulting Sector
"Great to work with, thorough, patient, and excellent explanation and detailed information."
Contracts
Noncompete Agreement
Florida
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.
To be able to answer this question, I would need to see the agreements. No one can answer your question without seeing the agreements.
Employment
Noncompete Agreement
Washington
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.
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).
Business Contracts
Noncompete Agreement
California
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.
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.
Employer
Noncompete Agreement
Florida
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.
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?
Employee Rights
Noncompete Agreement
Texas
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.
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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