Non-Compete Agreements in Florida: Strict Enforcement State

Florida is known as one of the most employer-friendly states when it comes to non-compete agreements. If you've signed a non-compete in Florida, take it seriously—courts here enforce them more readily than most other states.

Florida's Pro-Enforcement Statute

Florida Statute 542.335 explicitly declares that restrictive covenants are enforceable if they are reasonable in time, area, and scope. Notably, the statute:

• Creates a presumption in favor of enforcement
• Requires courts to refrain from considering hardship to the employee
• Allows non-competes for virtually any legitimate business interest
• Permits courts to modify overbroad restrictions rather than void them

Presumptively Reasonable Time Periods

Florida law establishes presumptions about reasonable duration:

• 6 months or less: Presumptively reasonable
• More than 2 years: Presumptively unreasonable
• 6 months to 2 years: Neither presumption applies

However, these are just presumptions that can be overcome with evidence.

Legitimate Business Interests

Florida recognizes a broad range of protectable interests:

• Trade secrets and confidential business information
• Substantial customer relationships
• Customer goodwill
• Extraordinary or specialized training
• Information specific to the employer

The "No Hardship" Rule

Perhaps Florida's most distinctive feature: courts are prohibited from considering any hardship to the employee when deciding whether to enforce a non-compete. This means:

• Your financial difficulties don't factor in
• Difficulty finding alternative employment is irrelevant
• The analysis focuses purely on the employer's interests

Practical Advice for Florida Workers

• Negotiate aggressively before signing—it's hard to escape later
• Keep duration under 2 years if possible
• Get specific geographic limitations in writing
• Document what confidential information you actually received
• Consider seeking garden leave provisions for compensation during restriction