§ 1. Governing Statutory & Common Law Authority
The enforceability of non-competition agreements in Florida is governed by Fla. Stat. § 542.335. Florida has a specific non-compete statute that favors enforcement. Courts apply a rebuttable presumption that non-competes are valid. Very employer-friendly.
§ 2. Compensation Threshold Requirements
Florida does not impose a minimum salary threshold for non-compete enforceability. This means non-competes may be enforced against employees at any income level, including hourly and part-time workers.
§ 3. Temporal Limitations on Post-Employment Restrictions
Florida does not codify a maximum duration. Statute provides presumptions: 6 months or less is reasonable; over 2 years is unreasonable. In practice, 1-2 years is generally considered the outer limit of reasonableness, though outcomes vary significantly based on the employee's role and access to trade secrets.
§ 4. Judicial Modification (Reformation Doctrine)
Florida follows the reformation doctrine, granting courts broad authority to rewrite overbroad non-compete terms. This is the most employer-favorable approach — even a poorly drafted agreement may be reshaped into an enforceable restriction.
§ 5. Consideration & Contract Formation
Continued employment is sufficient. Whether this is legally sufficient — especially for agreements presented mid-employment rather than at hiring — is frequently contested.
§ 6. Effect of Involuntary Termination
Florida courts generally enforce non-competes even after termination without cause. Courts may apply heightened scrutiny when the employer initiated the termination, particularly for termination without cause or mass layoffs.
Practitioner Notes
One of the most employer-friendly states. Statute specifically says courts CANNOT consider the economic hardship on the employee. Reformation is required by statute.