Are non-compete agreements enforceable in Florida?
1. Baseline Rule. Fla. Stat. § 542.335 governs and presumes enforceability of properly drafted non-competes. The employer carries the initial burden of pleading and proving a legitimate business interest; once shown, the employee must rebut the presumption of reasonableness.
2. Reasonableness Factors. Section 542.335(1)(d) creates presumptions: up to 6 months is presumed reasonable, more than 2 years presumed unreasonable for former employees; 5 years and 10 years are presumed limits for franchisees and sale-of-business sellers respectively. Legitimate business interests include trade secrets, valuable confidential business information, substantial customer relationships, customer goodwill, and extraordinary or specialized training.
3. Consideration. Continued at-will employment is sufficient consideration in Florida — no additional payment or new benefit is required.
4. Wage Thresholds. None.
5. Blue Pencil / Reformation. Section 542.335(1)(c) mandates that courts "modify the restraint and grant only the relief reasonably necessary to protect" the interest. Florida bars the "any contract, any clause" doctrine: a court must not refuse to enforce simply because the covenant is overbroad.
6. Statutory Anti-Hardship Rule. Uniquely, § 542.335(1)(g)(1) instructs courts NOT to consider any individualized economic hardship on the employee. This is a major employer advantage.
7. Industry Carve-Outs. Physicians: a 2019 amendment (§ 542.336) voids non-competes among physicians in specialties where one entity employs all or substantially all of those specialists in a county. Lawyers are barred by Rule 4-5.6 of the Florida Bar.
8. FTC Rule. Enjoined by Ryan LLC v. FTC (E.D. Tex. Aug. 2024); on appeal. Florida law continues to govern.
9. Garden Leave / Forfeiture-for-Competition. Permitted; widely used in finance and brokerage.
10. Choice of Law. Section 542.335 applies to any covenant interpreted under Florida law; out-of-state employees who agreed to Florida law typically face enforcement.
This is legal information, not legal advice.
- You signed a Florida non-compete and want to evaluate the protectable interest
- Your employer sues you in Florida even though you work in another state
- You are a physician potentially covered by § 542.336
- Fla. Stat. § 542.335
- Fla. Stat. § 542.336 (physician carve-out)
- White v. Mederi Caretenders Visiting Servs., 226 So. 3d 774 (Fla. 2017)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.