The Florida non-compete agreement is a document enforced by an employer on an employee in an attempt to limit their ability to compete in a similar field following their term of employment. The non-compete clauses within the document will specify both the geographical limitations and the time restrictions that will govern the employee’s job selection post-employment. The clauses covering non-solicitation demand that the employee refrains from recruiting the employer’s personnel and from taking their clients. In the state of Florida, non-compete agreements are enforceable providing they protect a statutorily-defined business interest. If the interest falls under the umbrella of the statutory definition, the reasonableness of the document will be determined by the scope of the limitations placed on the employee (time and geographical limits).

Laws – FL Stat § 542.335

Non-Compete Limit 

  • 6 months to 2 years: For employees, independent contractors, and partners or shareholders in a business entity. (§ 542.335(d)(1))
  • 1 to 3 years: For a former distributor, dealer, franchisee, or licensee of a trademark or service mark. § 542.335(d)(2))
  • 3 to 7 years: Sale of a business. (§ 542.335(d)(3))

Non-Solicitation Limit – Two (2) years