Curved glass facade of a modern architectural structure against a clear blue sky.

Non-Compete Agreements in Florida

1. Definition

A Non-Compete Agreement is a contract where an employee, contractor, or business seller agrees not to compete with your business for a certain period of time, within a specific geographic area, and within a defined industry.

In Florida, these agreements are enforceable—but only when they meet strict legal requirements.

2. Florida Legal Context

Non-compete agreements in Florida are governed by Section 542.335, Florida Statutes.

To be enforceable, a Florida non-compete must:

  • Be reasonable in time, geography, and scope
  • Protect a legitimate business interest, such as:
    • Trade secrets
    • Confidential business information
    • Substantial relationships with clients
    • Goodwill associated with a business or brand
  • Not impose undue hardship on the restricted party

Florida courts are more favorable to enforcing non-competes than many other states—but only if carefully drafted.

3. Real-World Application

Common Florida non-compete use cases:

  • A Miami salon restricts stylists from opening a competing shop within 5 miles for 1 year after leaving
  • A Tampa business owner sells his company and agrees not to open a similar business within the region for 3 years
  • An Orlando SaaS company protects its client base and proprietary systems by binding key employees with post-employment restrictions

Enforceability hinges on whether the restriction is narrowly tailored to legitimate interests—not just to avoid competition.

4. Why It Matters for Business Owners

Benefits of a properly drafted Florida non-compete:

  • Protects client relationships and trade secrets
  • Deters employees from launching copycat ventures
  • Maintains business valuation in mergers or acquisitions
  • Prevents unfair competition by former insiders

Risks of poorly drafted non-competes:

  • Entire agreement may be voided by a court
  • Can trigger lawsuits for overreach or unlawful restraint
  • May damage your reputation with current employees

Florida courts may modify (blue-pencil) overbroad restrictions—but they prefer agreements that are drafted right the first time.

5. How Our Law Firm Can Help

We craft enforceable non-compete agreements that meet Florida’s legal standards:

  • Draft custom employee, contractor, or business sale non-competes
  • Define reasonable time periods, geography, and industry scope
  • Identify and document your legitimate business interests
  • Audit or update existing agreements to meet Florida’s evolving case law
  • Enforce or defend non-compete agreements through litigation, if necessary

6. FAQs (Frequently Asked Questions)

Q: Are non-compete agreements legal in Florida? A: Yes. Florida is one of the few states that strongly supports non-competes—if they meet legal requirements.

Q: How long can a non-compete last in Florida? A: Depends on the context. Courts usually uphold:

  • 6 months to 2 years for employees
  • Up to 3–5 years for business sellers

Q: Are non-competes enforceable against independent contractors? A: Yes, if they are limited in scope and protect legitimate interests. We tailor agreements to contractors accordingly.

Q: What happens if an employee violates a non-compete? A: You may be entitled to a court injunction, damages, or attorney’s fees. We help you take prompt legal action.

Q: Can I prevent a former employee from soliciting my clients? A: Yes. We often include non-solicitation clauses alongside non-competes for stronger protection.

7. How to Retain Our Law Firm

We offer multiple access points tailored to your needs:

  • Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
  • 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
  • 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
  • Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)

8. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

  • On demand strategic legal consultations with Attorney Gil Sanchez
  • Document review and compliance audits
  • Guidance on contracts, leasing, employment, and liability
  • Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
  • Proactive legal support to mitigate lawsuits and reduce risk exposure
  • Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
  • Entrepreneur coaching and a growing library of business education resources
  • Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

  • Call or text us at (813) 254-1777
  • Or fill out the secure contact form below

A member of our team will respond promptly to schedule your consultation.

9. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

  • Call or text: (813) 254-1777
  • Email: info@blackrocklaw.com
  • Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

10. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.

Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.

He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.

Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.

At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.

11. The Law Firm’s Geographical Reach

We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.

12. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.