Non-compete agreements - Florida

Summary of differences between federal and state regulations

The state of Florida does have rules allowing and governing the use of non-compete agreements. Generally speaking, Florida Statute §542.335 indicates that in order to be enforceable, such agreements must:

• Be in writing and signed by the employee (or former employee) to whom it applies
• Be meant to protect a legitimate business interest.
• Be reasonably necessary to protect a legitimate business interest
  Legitimate business interests might include:
  • Trade secrets
  • Valuable confidential business information
  • Substantial relationships with specific prospective or existing customers
  • Extraordinary or specialized training
  • A specific marketing or trade area or geographic location

To be enforceable, a non-compete agreement should only be as broad as is necessary to protect a company's legitimate business interest.

State

Contact

Department of Business and Professional Regulation

Regulations

Florida Statutes Title XXXIII, Chap. 542.335, Valid restraints of trade or commerce
http://www.flsenate.gov/Laws/Statutes/2010/542.335

Federal

Contact

Department of Labor

Regulations

None.