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The Clause About Working Elsewhere

Fla. Stat. 542.335 — enforceable if in writing, reasonable, and for a legitimate business interest

In Florida, enforcing a contract that restricts competition, reasonable in time, area and line of business, is not prohibited. A court will not enforce a restrictive covenant unless it is in a writing signed by the person it is enforced against.

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The employer has to prove an interest. The person seeking enforcement must plead and prove one or more legitimate business interests justifying the covenant, such as trade secrets or valuable confidential business information.

Six months and two years. For a covenant against a former employee, agent or independent contractor that is not tied to the sale of a business and not based on trade secrets, a court presumes reasonable in time any restraint of 6 months or less, and presumes unreasonable any restraint of more than 2 years.

The assumptionWhat the law actually does
The assumptionAny signed noncompete will be enforcedWhat the law actually doesOnly with a legitimate business interest proved, and reasonable in time, area and line of business
The assumptionThree years is ordinaryWhat the law actually doesMore than 2 years against a former employee is presumed unreasonable in time

Non-solicitation and confidentiality agreements, trade secret law and the sale of a business follow rules of their own and are not all on this page. Whether a particular clause is enforceable is a question for a licensed Florida attorney.

Sources for this section (1)
  1. Fla. Stat. 542.335 — Valid restraints of trade or commerce

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.

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