Non-Compete Agreements in Florida

By: Zach McCormick

June 10, 2019

Many people have heard of "non-compete agreements" but very few people know that these contracts must include specific language to be effective in Florida. Some states have found that such agreements run contrary to public policy and will not enforce them. However, Florida does enforce these documents so long as they are "reasonable" and specific as to the essential elements.  The problem is that these are subjective terms and their meaning varies from person to person. Thankfully, there is some guidance in   Florida Statute 542.335 and here are the bullet points for a valid non-compete agreement:

• Has to be written down and signed. 
• Must describe the what, when and where a person is prohibited from working.
• Must be to further a "legitimate business interest" (and cannot merely be a way to stifle competition). 
• Timeline for valid restriction ranges from 6 months up to 10 years depending on employee's role in company.

This particular statute is quite lengthy and detailed and it is a 'must read' for anyone who is dealing with this sort of issue. In point of fact, a failure to follow the guidelines in the statute could invalidate or otherwise 'de-fang' what might have been a viable non-compete agreement. Additionally, there is case law (decisions by courts) that touches on the issue. Hence, each case relating to these documents is very fact specific and having a good lawyer review or draft one can make all the difference.