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Homepage ➨ Attorney-Approved Non-compete Agreement Document ➨ Printable Non-compete Agreement Form for the State of Florida
Content Overview

Guide to Writing Florida Non-compete Agreement

Once you have the Florida Non-compete Agreement form ready, it's important to ensure that all required information is filled out accurately. This will help prevent any issues or misunderstandings in the future. Follow these steps to complete the form effectively.

  1. Begin by entering the date at the top of the form. This should be the date you are filling out the agreement.
  2. Provide the names of the parties involved. Include the full legal name of the employer and the employee.
  3. Clearly state the nature of the business or industry. This should reflect the work the employee is engaged in.
  4. Define the geographic area where the non-compete will apply. Be specific about the locations included in this agreement.
  5. Specify the duration of the non-compete agreement. Indicate how long the restrictions will be in effect after the employee leaves the company.
  6. Include any additional terms or conditions that may be relevant. This might include specific duties or responsibilities during the employment period.
  7. Both parties should sign and date the form. Ensure that signatures are legible and that the date is accurate.

After completing the form, keep copies for both parties. This ensures that everyone has access to the agreement if needed in the future.

PDF Form Specs

Fact Name Description
Definition A non-compete agreement is a contract that restricts an employee from engaging in business activities that compete with their employer for a specified period after leaving the company.
Governing Law In Florida, non-compete agreements are governed by Florida Statutes, Chapter 542.335.
Enforceability For a non-compete agreement to be enforceable in Florida, it must be reasonable in scope, duration, and geographic area.
Consideration Florida law requires that there be consideration for the agreement, meaning the employee must receive something of value in exchange for signing it.
Duration Limits Typically, non-compete agreements in Florida cannot exceed two years in duration, although exceptions may apply depending on the circumstances.

FAQ

What is a Florida Non-compete Agreement?

A Florida Non-compete Agreement is a legal contract between an employer and an employee that restricts the employee from engaging in certain competitive activities after leaving the company. This agreement aims to protect the employer's business interests, trade secrets, and proprietary information by limiting the employee's ability to work for competitors or start a competing business within a specified geographic area and time frame.

What are the key elements of a valid Non-compete Agreement in Florida?

For a Non-compete Agreement to be enforceable in Florida, it must include several essential elements:

  1. Legitimate Business Interest: The agreement must protect a legitimate business interest, such as trade secrets, customer relationships, or specialized training.
  2. Reasonable Time Period: The duration of the restriction should be reasonable, typically ranging from six months to two years, depending on the nature of the business.
  3. Geographic Scope: The geographic area covered by the agreement should be reasonable and directly related to the employer's business operations.
  4. Consideration: There must be something of value exchanged, such as employment or access to confidential information.

How long can a Non-compete Agreement last in Florida?

In Florida, the duration of a Non-compete Agreement should be reasonable and is often determined by the specific circumstances of the employment. Generally, agreements lasting from six months to two years are more likely to be upheld in court. However, longer durations may be permissible if justified by the nature of the business and the interests being protected.

Are there any geographic limitations for Non-compete Agreements in Florida?

Yes, Florida law requires that the geographic scope of a Non-compete Agreement be reasonable and related to the employer's business. For instance, if an employee works in a specific city or region, the restriction should typically cover that area. Overly broad geographic limitations may lead to the agreement being deemed unenforceable.

Can an employee challenge a Non-compete Agreement in Florida?

Yes, employees have the right to challenge a Non-compete Agreement in Florida. They may argue that the agreement is overly restrictive, lacks a legitimate business interest, or does not meet the requirements set forth by Florida law. Courts will evaluate these claims on a case-by-case basis, considering the reasonableness of the restrictions.

What happens if a Non-compete Agreement is violated?

If an employee violates a Non-compete Agreement, the employer may take legal action to enforce the agreement. This could involve seeking an injunction to prevent the employee from continuing competitive activities or pursuing damages for any losses incurred due to the breach. Courts will assess the specific terms of the agreement and the circumstances surrounding the violation when determining the outcome.

Is it possible to modify a Non-compete Agreement after it has been signed?

Yes, it is possible to modify a Non-compete Agreement after it has been signed, but both parties must agree to the changes. Any modifications should be documented in writing and signed by both the employer and employee to ensure enforceability. It is advisable to consult legal counsel when making amendments to ensure compliance with applicable laws.

Do Non-compete Agreements apply to all employees in Florida?

No, Non-compete Agreements do not automatically apply to all employees in Florida. The enforceability of these agreements often depends on the employee's role within the company. Generally, they are more common for employees in positions where they have access to sensitive information, proprietary processes, or client relationships. However, even in these cases, the agreements must still meet the legal requirements to be enforceable.

Consider Popular Non-compete Agreement Forms for Specific States

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Nys Non Compete - Violating a non-compete can lead to legal penalties for the departing employee.

Pennsylvania Non Compete Law - This form is essential for businesses that invest heavily in employee training.

Florida Non-compete Agreement Example

Florida Non-Compete Agreement

This Non-Compete Agreement (the "Agreement") is made and entered into as of the ____ day of __________, 20__, by and between:

Employer: _______________________________

Address: _______________________________

City, State, Zip Code: _______________________________

and

Employee: _______________________________

Address: _______________________________

City, State, Zip Code: _______________________________

This Agreement is governed by the laws of the State of Florida, in accordance with Florida Statutes Section 542.335.

1. Purpose:

The purpose of this Agreement is to protect the legitimate business interests of the Employer, including but not limited to:

  • Trade secrets;
  • Confidential information;
  • Customer relationships;
  • Goodwill;
  • Specialized training.

2. Non-Compete Obligation:

During the term of employment and for a period of ____ months after termination of employment, the Employee agrees not to engage in the following activities within a ____ mile radius of the Employer's principal business location:

  • Directly or indirectly operate a competing business;
  • Solicit or accept business from any clients or customers of the Employer;
  • Work for, consult with, or otherwise assist any competitor of the Employer.

3. Reasonableness:

The Employee acknowledges that the restrictions imposed by this Agreement are reasonable in scope and duration, and are necessary to protect the business interests of the Employer.

4. Injunctive Relief:

The Employee understands and agrees that a breach of this Agreement may result in irreparable harm to the Employer. As such, the Employer shall be entitled to seek injunctive relief in addition to any other legal or equitable remedies available to it.

5. Severability:

If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect.

6. Entire Agreement:

This Agreement constitutes the entire agreement between the parties regarding the subject matter contained herein and supersedes all prior understandings or agreements, whether written or oral.

IN WITNESS WHEREOF, the parties hereto have executed this Non-Compete Agreement as of the date first above written.

EMPLOYER:

_______________________________

By: ____________________________

Title: __________________________

Date: ____/____/______

EMPLOYEE:

_______________________________

Date: ____/____/______