Non-Solicitation Clauses in Florida: What You Need to Know
Florida Law Supports Non-Solicitation Agreements
Florida treats non-solicitation clauses under the same statutory framework as non-competes. Florida Statute 542.335 governs restrictive covenants broadly and is generally considered employer-friendly.
Requirements for Enforceability
For a non-solicitation clause to be enforceable in Florida, the employer must demonstrate:
- Legitimate business interest: This includes substantial relationships with specific customers or prospects, trade secrets, confidential information, and goodwill.
- Reasonable scope: The restriction must be reasonable in time, area, and the line of business it covers.
- Supported by consideration: The clause must be part of an agreement with valid consideration, such as initial employment, a promotion, or access to confidential information.
Duration Presumptions
Florida law provides helpful guidelines on what is considered reasonable:
- 6 months or less: Presumed reasonable
- Up to 2 years: Generally reasonable for employee non-solicitation
- Over 2 years: The employer bears the burden of proving the duration is necessary
Customer vs. Employee Non-Solicitation
Florida courts distinguish between clauses restricting solicitation of customers and those restricting solicitation of fellow employees. Both can be enforceable, but customer non-solicitation clauses are more commonly upheld because they tie directly to the employer's substantial customer relationships.
Red Flags
- Restrictions lasting beyond 2 years with no clear justification
- Clauses that prevent any contact with customers you never worked with
- Overly broad definitions of "solicitation" that include passive activity like accepting inbound calls
- No legitimate business interest identified in the agreement
When to Consult a Lawyer
Consider speaking with a Florida attorney if you are leaving your job and your non-solicitation clause restricts your ability to serve clients in your new role, or if you received no additional consideration for signing the agreement after your initial hire date.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.