Noncompete agreements are increasingly used in contracts across many industries in Florida—from sales and healthcare to finance and technology. Whether you are an employer seeking to protect business interests or a worker, contractor, or business partner subject to such a provision, it is important to understand the framework for enforcement under Florida Statute § 542.335.

What Is a Noncompete Agreement?

A noncompete agreement is a contractual provision—sometimes a standalone document—that restricts one party from engaging in certain competitive activities for a defined period after a business or employment relationship ends. These activities can include working for a competitor, soliciting customers, or starting a competing business. Because such agreements can impact both an individual’s work opportunities and a company’s competitive position, Florida law places specific limits on when and how they can be enforced.

Are Noncompetes Enforceable in Florida?

Yes, but only if certain statutory requirements are met. Florida courts enforce noncompete agreements only when the party seeking enforcement demonstrates that the agreement is justified and reasonably limited.

Under § 542.335, a noncompete agreement must:

• Be in writing and signed by the party against whom enforcement is sought.
• Protect a legitimate business interest, which may include, without limitation, confidential and proprietary business information, trade secrets, marketing and training materials, and customer goodwill;
• Be reasonably necessary to protect that interest.
• Be reasonable in scope—meaning its duration, geographic reach, and restricted activities are not excessive.

See Day v. Hydrologic Distribution Co., 397 So. 3d 776 (Fla. 2d DCA 2024); Whitby v. Infinity Radio, Inc., 951 So. 2d 890 (Fla. 4th DCA 2007).

What Is “Reasonable”?

When a party seeks to enforce a noncompete against a former employee, contractor, or agent, Florida law presumes that a restriction of two years or less is reasonable. A longer restriction is not automatically unenforceable, but the enforcing party must show that the extended period is justified by the circumstances. Florida Statute § 542.335(1)(d)(1).

Can a Court Invalidate or Modify a Noncompete?

Yes. If a court finds a restriction too broad—whether in time, geographic scope, or activities—it may narrow the terms rather than voiding the entire agreement. This process, sometimes called “blue penciling,” allows the court to modify the restriction so that it complies with statutory standards. Florida Statute § 542.335(1)(c); see also Henao v. Prof’l Shoe Repair, Inc., 929 So. 2d 723 (Fla. 5th DCA 2006) ; Shields v. Paving Stone Co., 796 So. 2d 1267 (Fla. 4th DCA 2001).

Defenses to Enforcement

A party opposing enforcement may argue that:

• There is no legitimate business interest to protect.
• The restriction is overbroad, ambiguous, or vague.
• The enforcing party applies the agreement inconsistently.
• The enforcing party materially breached the agreement first, such as by failing to meet its own contractual obligations (e., wrongful termination or failure to pay compensation owed).

Injunctive Relief and Remedies

If a court finds a noncompete enforceable, the enforcing party can often obtain injunctive relief—a court order stopping the restricted activity—sometimes without proving actual damages if a legitimate business interest is shown. However, there are specific requirements that must be met in order to obtain a temporary or permanent injunction under Florida Statute § 542.335(1)(j). The party seeking the injunction must prove: (1) irreparable harm; (2) no adequate legal remedy (such as money damages); (3) a substantial likelihood of success on the merits; and (4) consideration of the public interest. Colonial Bank, N.A. v. Taylor Morrison Services, Inc., 10 So. 3d 653, 655 (Fla. 5th DCA 2009). The statute, however, gives employers (or other enforcing parties) an advantage by stating that irreparable injury is presumed upon the violation of an enforceable restrictive covenant.

Conclusion

Florida law provides a framework that seeks to balance the protection of business interests with the right of individuals to work and compete. The enforceability of a noncompete depends on whether it meets statutory requirements, protects a legitimate interest, and is reasonable in scope.

Guidance

Because noncompete disputes can be complex and fact-specific, both employers and individuals bound by such agreements should seek legal advice before taking action or signing. The attorneys at Chemere Ellis, PLLC can help you assess whether the agreement complies with Florida law and advise on the most appropriate next steps. Contact us today to schedule a confidential consultation.

For more information, please contact Chemere Ellis at cellis@chemereellis.com.

Disclaimer: The information provided in this article is for general educational and informational purposes only and is not legal advice. You should not rely on this content as a substitute for legal counsel. Reading this article or contacting Chemere Ellis, PLLC through this website does not create an attorney–client relationship. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.