Non-Compete & Trade Secret Attorney

Florida enforces reasonable restrictive covenants

Under section 542.335, Florida enforces non-compete, non-solicitation, and confidentiality agreements that protect a legitimate business interest — such as trade secrets, substantial customer relationships, or specialized training — and that are reasonable in time, geographic area, and line of business. Florida is, by design, one of the more employer-friendly states for restrictive covenants.

The 2025 CHOICE Act

Effective July 2025, Florida's CHOICE Act created a powerful new framework on top of section 542.335. For covered higher-earning employees — those paid above a county-based wage threshold — it recognizes non-compete and “garden leave” agreements of up to four years, with a presumption of enforceability and expedited injunctive relief. For employers of executives and key talent, this is a significant tool; for those employees, it makes careful review before signing essential. (Licensed healthcare practitioners are excluded from the Act.)

Trade secrets

Separate from any contract, the Florida Uniform Trade Secrets Act (Chapter 688) and the federal Defend Trade Secrets Act protect confidential business information — customer lists, pricing, processes, and formulas — from misappropriation, and allow injunctions and damages.

Enforcement and defense

• Emergency temporary injunctions to stop a departing employee or competitor;
• Defending employees and new employers against overbroad covenants;
• Drafting agreements that are actually enforceable;
• Protecting customer relationships, pricing, and proprietary processes.

These cases move fast — often in the first days after someone leaves. Speed and preparation decide them.

Frequently asked questions

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