Employment Law
Are non-compete agreements enforceable in Florida?
Yes, broadly. Fla. Stat. § 542.335 is among the most enforcement-friendly non-compete statutes in the country. Restrictions up to two years are presumptively reasonable; the statute provides statutory presumptions favoring enforcement once a legitimate business interest is established.
Florida's restrictive-covenant statute (Fla. Stat. § 542.335) is among the most enforcement-friendly in the United States. The statute explicitly directs courts to enforce reasonable restrictive covenants and provides extensive statutory presumptions that favor enforcement once specific elements are established.
Statutory presumptions.
The statute presumes reasonable any restriction of up to two years for former employees. It identifies categories of "legitimate business interest" that can support enforcement: trade secrets, confidential business information, substantial customer relationships, customer goodwill associated with a specific area or specialty, and extraordinary or specialized training.
Mandatory enforcement.
If the employer establishes a legitimate business interest and the restriction is reasonably necessary to protect it, the statute makes enforcement mandatory — courts "shall" enforce. The statute also explicitly directs courts to construe ambiguities in favor of enforcement and to reform over-broad provisions rather than strike them.
Defenses.
Notable defenses include: lack of legitimate business interest (the burden remains with the employer); the restriction overbroad even after reformation; geographic restriction outside the area of legitimate interest; the new role outside the protected scope; or material first breach by the employer.
FTC ban.
The FTC's attempted federal ban on non-competes has been enjoined; the regulatory landscape continues to move. For now, § 542.335 governs Florida non-competes.
See our employment-law practice and the Alabama vs Florida non-compete comparison.