Florida Noncompete Agreement: What's Included and Enforceability
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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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Meet some of our Florida Noncompete Agreement Lawyers
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Cassie Bermudez Engel is a seasoned family law attorney with over a decade of litigation experience across Florida. She focuses her practice on divorce, custody and timesharing, alimony, child support, prenuptial and postnuptial agreements, and post-judgment enforcement and modification. Cassie has served as lead counsel in thousands of cases and has represented clients in matters ranging from amicable settlements to high-conflict litigation. Before founding her own practice, Cassie honed her skills at boutique family law firms, served in-house for major insurance carriers, and was a partner at a nationwide law firm. She brings a strategic, results-driven approach to every case, with a particular focus on protecting her clients’ financial interests and guiding them through some of life’s most challenging transitions. Cassie is known for her clear communication, compassionate advocacy, and unwavering commitment to achieving the best possible outcomes for her clients.
"Working with Cassie was great! Not only did she stay on budget and was very responsive, but she completed the job on time. Cassie took her time to answer all of my questions and was a pleasure to work with. Would recommend!"
Matt B.
Matt practices law in the areas of commercial finance, contract law, business & corporate law, and residential and commercial real estate (with a particular emphasis on retail shopping centers and office buildings). He has extensive experience in negotiating and structuring complex commercial loan, asset acquisition, asset disposition, leasing and real estate transactions. Matt additionally works on various general matters for clients such as forming LLCs and corporations, preparing various LLC and corporation documents and drafting and reviewing various types of contracts and agreements for clients and providing advice regarding same. Matt provides clients with extensive and timely communication on their matters and ensures that his clients are well represented and highly satisfied with their legal representation and the work product provided. Matt offers all potential clients a free initial consultation to discuss their legal matters prior to engaging his firm to represent them. Prior to opening his law firm Matt worked for many years in the New York City office of a large international law firm where he counseled large multi-national businesses, financial institutions, investment groups and individuals on highly sophisticated business, financial and real estate transactions. Matt provides his clients with diligent legal representation on their matters with a very personal approach.
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Nicole Y.
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"Very responsive and communicated findings clearly and in depth."
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"This was my first time working with a lawyer and it was an extremely positive experience. This matter was extremely urgent and I was able to recieve feedback nearly instantly. I would highly reccomend!"
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"Reviewed my employment agreement and possible conflict with a job well."
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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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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?
Employment
Noncompete Agreement
Delaware
Employee contract, such as non compete/non solicit, could having this contract ever result in criminal/jail time?
If someone accuses you of fraud, because they believe you never had intended to honor your employment contract such as non-compete/non-solicit. Could this ever become a criminal case, resulting in criminal/jail time?
Matthew S.
No, at worst, it is a breach of a contract which is a civil matter to be handled in civil court.
Employee Rights
Noncompete Agreement
Washington
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.
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
Employment
Noncompete Agreement
Missouri
Could someone go to jail if they are accused of fraud for never intending to not breaching his or her non compete non solicit contract?
I am really curious when employment contract can become criminal. Is it criminal to ask you coworker to come work with you, considering if you are accused of fraud for breaching non compete non solicit?
Matthew S.
No, this at worst is a civil matter and not a criminal matter. F
Employment
Noncompete Agreement
Colorado
Can I get out of my noncompete agreement?
I am looking at my options.
Donya G.
You may be able to be released from a non compete. You would have to review the language in the non compete to see the expiration. DISCLAIMER The answers to these questions do not constitute legal advice and does not create an attorney-client relationship with the attorney and anyone who reviews these responses.
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