Non-Compete Agreements in Florida

Florida is one of the more employer-friendly states in the country when it comes to non-compete agreements. Where some states have banned them outright, Florida law expressly allows non-competes as long as they protect a "legitimate business interest" and are reasonable in time, geographic area, and the line of business restricted.

What counts as a legitimate business interest

The law lists specific interests that can justify a restriction: trade secrets, confidential business information, substantial customer or client relationships, customer goodwill tied to a specific location or trademark, and specialized training the employer invested in. A non-compete written only to prevent ordinary competition, without one of these interests behind it, is more vulnerable to challenge.

How courts evaluate reasonableness

Under the statute, a restriction of six months or less is presumed reasonable, and more than two years is presumed unreasonable, for most employee agreements, though the presumption can be argued either way with evidence. Florida courts are also required to "blue pencil" an overbroad agreement — narrow it to something reasonable — rather than throw the whole thing out, which is more favorable to employers than the all-or-nothing approach some other states take.

If you're bound by one

Before assuming a non-compete is unenforceable, get it reviewed — Florida's presumption in favor of enforcement catches a lot of people off guard. Relevant questions include what specific interest the employer is protecting, whether the geographic and time limits match that interest, and whether the employer actually gave you something of value (a raise, specialized training, continued employment) in exchange for signing it.