Fillable Form Florida Non-Compete Agreement

What is the Florida Non-Compete Agreement?

The Florida Non-Compete Agreement is a legal document between an employer and an employee providing restrictions on the latter from working in a similar nature of business for a specific period and geographical area.

This Agreement is legally enforceable, provided that it is in writing and that there is a legitimate business interest. Legitimate business interests include but are not limited to:

• Trade secrets
• Confidential Information - These are valuable professional or confidential business information
• Relationships - These are substantial relationships with specific prospective or existing customers
• Goodwill - These are client, customer, or patient goodwill associated with:
  • Ongoing business or professional practice through trade name, trademark, service mark, or “trade dress;”
  • Specific geographic location; or
  • Specific marketing or trade area.
• Extraordinary or specialized training.

Other legitimate business interests may also include client data, client lists, sales strategies, product information, and competition restrictions in a particular city, county, or larger region.

To enforce the FL Non-Compete Agreement, employees, whether current or former, may enforce it through the following options:

• Obtaining a temporary or preliminary injunction;
• Permanent injunction;
• Award monetary damages, including commissions and unpaid wages; or
• Filing a claim against a third party.

Note that a licensed attorney is not allowed to participate in the Florida Non-Compete Agreement that restricts their right to practice law in Florida.

The State of Florida allows blue-penciling for a Non-Compete Agreement in Florida that is “overbroad, overlong, or otherwise not reasonable necessary to protect the established legitimate business interest.” A person being restrained by the Florida Non-Compete Agreement has the burden to prove that it is overbroad.

The Non-Compete Agreement has its maximum periods for various businesses or nature:

• Six months to two years: For employees, independent contractors, partners, or shareholders of the business or company;
• One to three years: For former distributors, dealers, franchisees, or licensees of a trademark or service mark not affiliated with a sale; and
• Three to seven years: For the sale of a business.

While this Agreement is legally binding, there is a limitation to its use. That’s why you should seek legal advice from a lawyer to determine its enforceability.

You may download a PDF copy of the Florida Non-Compete Agreement Template from websites that offer document templates. You may electronically fill it out on PDFRun for your convenience.

How to fill out the Florida Non-Compete Agreement?

The Non-Compete Agreement in Florida bounds the Recipient to strictly maintain the confidentiality of the information of the company. The information may only be shared among the parties for company projects, as allowed by the terms in the agreement.

Enter the necessary details in the Florida Non-Compete Agreement. Make sure that everything you provide is true, accurate, and correct.

Owner Name

Enter the name of the Owner.

Street Address

Enter the street address of the Owner.

State

Enter the state of the Owner.

ZIP Code

Enter the Owner’s ZIP Code.

Recipient Name

Enter the name of the Recipient.

Street Address

Enter the street address of the Recipient.

State

Enter the state of the Recipient.

ZIP Code

Enter the Recipient’s ZIP Code.

Non-Compete

This section states that the Recipient shall not provide services or engage in any aspect of business similar to a competitor company with the written consent of the Owner or the Company.

Nature of Business

Enter the nature of business similar to the Company.

Name

Enter the name whose written consent is needed.

Period

Enter the period the recipient warrants and guarantees the terms and conditions of this Agreement.

Name of Business

Enter the name of the business that is similar to the nature of the company’s business.

Mile Radius

Enter the mile radius of the competing business.

Location

Enter the location.

Confidential Information

This section states that the Recipient shall not disclose, reveal, unveil, or divulge any confidential information of the Company for personal use or the benefit of any third party. The Recipient shall also protect all Confidential Information of the Company.

Name

Enter the name of the person or company providing the non-technical information.

Injunctive Relief

This section states that the Recipient acknowledges the following:

1. The unique nature of the protection and provisions in this Agreement;
2. The Company suffers irreparable harm if the Recipient breaches any of the said protections or provisions; and
3. The monetary damages would be inadequate to compensate the Company for the said breach.

In case of a breach, the Company shall be entitled to injunctive relief.

Entire Agreement

This section states that the FL Non-Compete Agreement shall be considered a separate and independent document that supersedes all other Agreements between the parties. The Agreement may only be modified through a written agreement signed by both parties.

Severability

This section states that if any term, condition, or provision of the Non-Compete Agreement in Florida becomes invalid or unenforceable for any reason, the remaining terms and provisions shall remain valid and enforceable.

Waiver

This section states that if either party fails to enforce any provision in the Agreement, it shall be construed as a waiver or limitation of that party’s right.

Governing Law

This section states that the jurisdiction and venue for any claims arising out of the Florida Non-Compete Agreement Form shall be in the State of Florida.

County

Enter the county the Agreement is bound by.

Signature

Have the Owner affix their signature.

Date Executed

Enter the date the Owner signed the Agreement.

Signature

Have the Recipient affix their signature.

Date Executed

Enter the date the Owner signed the Agreement.

Frequently Asked Questions About the Florida Non-Compete Agreement

How to file the Florida Non-Compete Agreement?

To file and make the Non-Compete Agreement in Florida legally binding, it must be in writing and signed by the person whom the enforcement is sought. With this in mind, the party who seeks enforcement has the burden to prove that the restraints are reasonable and necessary to protect a legitimate business interest.

Make sure that the terms of the Agreement must be reasonable in geographical scope, time, and nature of business. Otherwise, it can be questionable when presented in the trial court.

Lastly, both parties must have a copy of the Florida Non-Compete Agreement PDF, and there must be witnesses when it is signed.

What voids a non-compete agreement in Florida?

There are several things that can void a non-compete agreement in Florida:

• If the agreement is not in writing — Verbal agreements are generally not enforceable. Therefore, the non-compete agreement must be in writing in order to be valid. "In writing" means that the agreement must be in the form of a signed document.
• If the agreement is not signed by the employee — The non-compete agreement must be signed by the employee in order to be valid and enforceable.
• If the agreement is not signed by the employer — The non-compete agreement must be signed by the employer in order to be valid and enforceable.
• If the agreement violates public policy — Non-compete agreements are subject to certain restrictions under Florida law. For example, a non-compete agreement cannot prohibit an employee from engaging in a lawful profession, trade, or business. To avoid violating public policy, employers should consult with an experienced attorney to draft a narrowly- tailored agreement that complies with Florida law.
• If the agreement is not supported by consideration — A non-compete agreement must be supported by "consideration" in order to be valid and enforceable. Consideration is something of value that is given in exchange for the promise not to compete. For example, consideration could be in the form of a salary increase, bonus, or stock options.
• If the agreement is overly restrictive — A non-compete agreement may be unenforceable if it is overly broad in scope or duration. To be enforceable, a non-compete agreement must be reasonably necessary to protect the legitimate business interests of the employer. For example, a non-compete agreement that prohibits an employee from working in the same industry as the employer would likely be unenforceable.
• If the agreement is ambiguous — A non-compete agreement may be unenforceable if it is unclear or ambiguous. To be enforceable, a non-compete agreement must be clear and unambiguous as to its terms and conditions.
• If the employer breaches the agreement — If the employer breaches the terms of the non-compete agreement, the agreement may be void and unenforceable. For example, if the employer does not provide consideration for the promise not to compete, then the employee may be released from his or her obligations under the agreement.
• If the employee is terminated without cause — If the employee is terminated without cause, then he or she may be released from his or her obligations under the non-compete agreement.
• If the employer sells the business — If the employer sells the business, then the new owner may not be bound by the terms of the non-compete agreement. However, if the sale is an asset sale (as opposed to a stock sale), then the new owner may be bound by the terms of the agreement if he or she assumes liability for the agreement.
• If the employee resigns — If the employee resigns, then he or she may be released from his or her obligations under the non-compete agreement. Reviewing the agreement's terms and conditions with an experienced attorney can help determine whether or not the employee is released from his or her obligations upon resignation.
• If the employer relocates — If the employer relocates, then the employee may be released from his or her obligations under the non-compete agreement. Reviewing the agreement's terms and conditions with an experienced attorney can help determine whether or not the employee is released from his or her obligations if the employer relocates.
• If the purpose of the agreement is illegal — If the purpose of the non-compete agreement is illegal, then the agreement is void and unenforceable. For example, a non-compete agreement that prohibits an employee from competing in a certain geographic area may be illegal if the purpose of the agreement is to prevent competition.
• If the employee is not provided with a copy of the agreement — If the employee is not provided with a copy of the agreement, then he or she may not be bound by its terms and conditions. The employer should provide the employee with a copy of the agreement at the time it is signed.

These are just some of the many factors that can affect the enforceability of a non-compete agreement. Non-compete agreements are complex legal documents, and it is important to consult with an experienced attorney before signing one.

An experienced attorney can help you understand the terms of your non-compete agreement and determine whether or not it is enforceable.

Does a noncompete hold up in Florida?

The answer to this question depends on the specific language of the noncompete agreement and how it applies to Florida law.

Noncompetes are generally enforceable in Florida if they are reasonable in terms of time, geographic scope, and type of activity restricted. The reasonableness of a noncompete is determined by looking at the totality of the circumstances, including the nature of the employer’s business, the employee’s role within the company, and the impact of enforcement on the public.

If you have questions about whether your non-compete agreement is enforceable in Florida, or if you need help drafting a noncompete that will be enforceable in Florida, contact an experienced business attorney for assistance.

What happens if you break a non-compete in Florida?

Breaking a non-compete in Florida can have serious consequences, including the following:

• You may be sued by your former employer — When you sign a non-compete, you agree not to compete with your employer in certain ways. If you break that agreement, your employer can sue you for damages.
• You may have to pay damages to your former employer — If your employer sues you and wins, you may be ordered to pay damages to your former employer. These damages can include the amount of money your employer would have made if you had not broken the non-compete, as well as any legal fees incurred by your former employer.
• You may be barred from working in your chosen field — In some cases, a court may order that you not work in the same industry as your former employer. This could mean that you would have to find a new job outside of your chosen field.
• You may be required to return any company property — If you break a non-compete, you may be required to return any company property that you have in your possession. This can include things like laptops, cell phones, and vehicles.

Breaking a non-compete can have serious consequences, so it is important to consult with an experienced attorney before taking any action that could potentially violate your agreement. An attorney can review your agreement and advise you of your rights and options.

How long does a non-compete last in Florida?

While there is no definite answer to this question, non-competes in Florida are typically enforced for a period of two to three years. However, the specific length of time may vary depending on the circumstances surrounding the contract. Additionally, a court may find that a non-compete is unenforceable if it is deemed to be too restrictive.

It is always best to speak with an experienced attorney before signing a non-compete agreement. An attorney can help you understand the terms of the agreement and advise you on whether or not it is in your best interests to sign.

How do you get around a non-compete in Florida?

There are a few ways that you can get around a non-compete in Florida:

• Try to negotiate with your former employer — If you have a good relationship with your former employer, you may be able to negotiate an agreement that allows you to work in your desired field.
• Look for loopholes — You may be able to find loopholes in your non-compete agreement that allow you to work in your desired field.
• Get a court order — If you believe that your non-compete agreement is unenforceable, you can file a lawsuit asking a court to declare the agreement void.

Non-compete agreements can be complex, so it's important to consult with an experienced attorney before taking any action.

Can I work for a competitor if I signed a non-compete?

The answer to this question depends on the terms of your non-compete agreement. If you have signed a valid and enforceable non-compete agreement that clearly states that you are prohibited from working for a competitor, then you will likely be held to that agreement and may be subject to legal action if you violate it. However, if your non-compete agreement is not valid or enforceable, or if it does not specifically prohibit you from working for a competitor, then you may be able to work for a competitor without violating the agreement.

If you are unsure about the terms of your non-compete agreement or whether it is valid or enforceable, you should consult with an experienced attorney who can review the agreement and advise you of your rights and options.

Do employers really enforce non-competes?

Yes, employers can and do enforce non-competes. In fact, many employers require employees to sign a non-compete agreement as a condition of employment.

Non-competes are typically enforced through lawsuits, wherein the employer sues the employee for breach of contract. If the employer prevails in court, the employee may be ordered to pay damages and may be prohibited from competing with the employer.

It is wise to consult with an experienced attorney before signing a non-compete agreement. An attorney can help you understand the terms of the agreement and can negotiate on your behalf if necessary.

However, even if you have an attorney, there is no guarantee that a court will find your non-compete agreement to be valid and enforceable. Courts generally scrutinize non-competes very carefully and will only enforce them if they are deemed to be reasonable in scope and duration. Additionally, courts typically will not enforce non-competes against employees who are terminated without cause.

If you are considering signing a non-compete agreement or if you have already signed one and are thinking about leaving your job, it is important to speak with an experienced attorney to understand your rights and options.

Does non-compete hold up if fired?

Depending on the state you live in and the wording of your non-compete agreement, you may still be bound by the terms of your non-compete even if you are fired. However, if you can show that the firing was without cause, you may have a stronger argument that the non-compete is unenforceable. You should consult with an attorney in your state to discuss the specifics of your situation.

In Florida, for example, if an employee is fired without cause, the non-compete is still enforceable. However, if the employer breaches the contract first (for example, by firing the employee without cause), the non-compete may no longer be enforceable.

It's important to note that even if you are no longer bound by a non-compete agreement, you may still be subject to other restrictions on your ability to compete with your former employer, such as trade secrets laws. Therefore, you should always consult with an attorney before taking any action that could potentially violate your non-compete agreement or other legal obligations.

What happens if you ignore a non-compete?

If you ignore a non-compete, you may be sued for breach of contract. If you are found to have breached the contract, you may be ordered to pay damages or may be prevented from working in your chosen field.

However, if you do not wish to sign a non-compete, you can try negotiating with your employer. You may be able to get them to agree to modify the terms of the contract or to exempt you from the agreement altogether. You should consult with an attorney before signing any contract, particularly if you have concerns about its terms.

How do you negotiate out of a non-compete?

The first step is to understand the non-compete agreement. You and your attorney should review the agreement to identify any holes or weaknesses. Once you have a clear understanding of the agreement, you can begin to negotiate with your employer.

Some employers are willing to negotiate the terms of a non-compete agreement. For example, they may be willing to agree to a shorter time period or smaller geographic area. If you're able to reach an agreement with your employer, be sure to get it in writing.

If you're unable to reach an agreement with your employer, you may need to consider other options. One option is to challenge the non-compete agreement in court. Another option is to find a new job that doesn't require you to sign a non-compete agreement.

How binding is a non-compete?

Non-compete agreements are typically binding, meaning that if you sign one, you are legally bound by its terms. This means that you may be prohibited from working for a competitor or starting your own business in the same industry. However, there are some circumstances in which a non-compete agreement may not be enforceable.

For example, if the agreement is too broad in scope or prohibits you from engaging in activities that are not essential to the company's business, it may be deemed unenforceable. Additionally, if you are terminated without cause, you may not be bound by the terms of a non-compete agreement. If you have questions about whether or not a non-compete agreement is binding, you should consult with an experienced attorney.

What is considered a competitor in a non-compete?

In a non-compete, a competitor is typically defined as any person or business that provides goods or services that are similar to those provided by the company protected by the non-compete.

The idea is to prevent an employee from leaving the company and then immediately starting up a competing business or going to work for a competitor. The definition of a competitor can vary depending on the specifics of the non-compete agreement.

For example, some agreements may specifically list out who is considered a competitor, while others may simply state that any person or business that offers similar goods or services is considered a competitor.

There are a few things to keep in mind when determining whether or not someone is a competitor. First, the person or business must actually offer goods or services that are similar to those offered by the company protected by the non-compete. Second, there must be some degree of competition between the two businesses. That is, the person or business cannot simply be offering complementary goods or services (such as a tire store and a car wash). Finally, the person or business cannot be so far removed from the company's market that there is no real threat of competition (such as a grocery store and a software company).

If you're not sure whether someone is considered a competitor under your non-compete agreement, it's always best to err on the side of caution and assume that they are. This way, you can avoid any potential legal trouble down the road.

Can my company sue me for going to a competitor?

It depends on the circumstances. If you have a non-compete agreement in place, your company may be able to sue you for breach of contract if you go to a competitor. Even if you don't have a non-compete agreement, your company could potentially sue you for unfair competition or misappropriation of trade secrets. If you're thinking about going to a competitor, it's best to consult with an experienced attorney to find out what your risks might be.

Can a company stop me from working for another company?

There are a few ways that a company can attempt to stop you from working for another company. They may try to enforce a non-compete clause in your contract, or they may try to claim that you have stolen their trade secrets. However, these measures are often difficult to enforce, and it is ultimately up to the courts to decide whether or not they are valid.

If you are concerned that your former employer may try to stop you from working for another company, you should speak to an experienced employment law attorney.

Related Articles:

• Florida Non Compete Statute Overview
• What Makes a Valid Non-Compete Agreement in Florida?
• What Business Owners Should Know About Non-Compete Agreements in Florida