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Florida Non-Compete Agreement Template

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The Florida Non-Compete Agreement Template enables companies in the state of Florida to implement this document as an effort to protect its standing in the market during the hiring process of a potential employee/independent contractor. Such paperwork is fairly standard as Trade Secrets and a Company’s Confidential Information are generally considered to be valuable tools when competing with other companies that provide similar products and/or services. This document will dictate how the continued protection of proprietary information, company secrets etc. presented to the employee (during employment) should occur in relation to the concerned Employee. That is, this contract will bind the Employee in maintaining the privacy of the Company by gaining a written promise to do so. Should the documented agreement be breached, the courts may award damages to the company or corporation, depending upon the various possibilities as allowed by the laws regarding Non-Compete.

You will find this contractual template using the buttons near the preview image furnished on this page. Download this paperwork at your discretion then fill it out. Present enough copies so that each Signature Party may retain an original signed copy with enough time to read through this document.

Restrictions

Non-competes in Florida are governed by two different statutes. For all non-compete agreements entered into before July 1, 1996 Section 542.33 and Section 542.331 of the Florida Statutes. For all non-compete agreements entered into on or after July 1, 1996 Section 542.335 of the Florida Statutes. Non-compete agreements in Florida are enforceable and analyzed in favor of protecting the employer’s legitimate business interests, which include trade secrets, confidential information, and prospective and existing client relationships, professional goodwill, specialized training, and referral sources.

Under Florida law, a change in the employment terms and conditions, as well as continued employment, are sufficient consideration.

Laws542.335

How to Write

1 – Supply The Requested Information In The First Article

In designing and establishing the purpose of this document, section “1. Purpose,” will need some items documented. The name of the business or corporation requiring the non-compete document should be supplied (by the Preparer) in the first blank space and the name of the Recipient should be supplied on the second blank space.

2 – Check The Appropriate Statements In The Second Article

Find the second article, “2. Purpose,” as it will need direct attention to be applicable. The Preparer of this paperwork must check all the applicable boxes corresponding to the restrictions the Receiving Party (i.e. Employee, Contractor, Staff) has agreed to respect.

The first object in this checklist will concern the “Business Practices” of the Recipient. You may apply its definition to the contract at hand by marking the first checkbox with a checkmark or by filling it in.  Check this box if the Company wants a promise the Recipient will not compete with the Company’s products and services.

The concerned Business Entity may wish to gain a guarantee from the Receiving Party that he or she will not pursue, contact, associate with, or do any kind of business with its current or past customers. If the Recipient intends to comply with this restriction then, mark the second statement’s checkbox.

The third statement’s checkbox should be checked or filled in if the Recipient intends to adhere to a Company’s condition of refraining from participating in any relationship or activity involving its “General Competitors.” That is, entities that compete with the Company for its status with its products and services. If the Issuing Party wishes to use this paperwork to prevent the Recipient from dealing with “Specific Competitors” in its field of industry, the fourth statement’s checkbox should be filled in or checked. Naturally, for this statement to be valid a report consisting of the Legal Full Name of each such Competitor must be provided. A couple of blank lines are presented in this statement so you may provide this information. If more room is required for a full report then continue the list using a properly labeled attachment. 

The final option the Issuing Party can enact will be a restriction from forming any kind of (business) relationship with any of  its past/present Employees

3 – Describe The Time Frame Of This Paperwork’s Effect

The third article requires a definition to the expected lifespan (in Years and Months) of these terms. The Company or preparer should record this information on the blank space in the statement immediately below the heading “3. Time Period.” Once the expiration date has been submitted, the hiring person must, by checking one of the boxes, when they may wish to make the non-compete effective. The first checkbox will indicate it should begin upon this paperwork’s Effective Date while the second checkbox will indicate it should begin upon the last day of the Employee’s professional relationship with the Company.

4 – The Option Provided In The Fourth Article Should Be Properly Addressed

In many cases, companies and corporations will provide an opportunity for the employee/contractor, to select a purchase option so that employee will not have to maintain confidentiality once they exit the company. If both parties have agreed that a Purchase Option should be made available then, check the first statement in article “4. Purchase Option” and supply the Dollar Amount the Employee may pay the Employer to void this contract’s terms. Make sure to enter it in the format requested (first written out then numerically). If this Purchase Option shall not be available, then fill in the second box.

5 – The Fifth Article Requires The Governing Entity Recorded

The Company should present the jurisdictions with which the employee/contractor’s actions will be limited to the terms of this contract and where it is governed. Find the blank space in “5. Jurisdiction” then enter the Local and State Governments where this contract will be controlled and enforced by law. If more space is required, continue on another sheet and attach it to this document.

6 – The Thirteenth Article To This Contract Will Execute This Promise

If all the terms and information in this paperwork has been agreed to by both Employer and Employee, supply the Execution Date using the last sentence in “13. Entire Agreement.” Both parties must then tend to its own items of Execution. For this Agreement to function seamlessly, it is strongly recommended the Execution Date occurs the same day as each party’s Signature Date. The Employer will need to make sure Authorized Representative signs the first line in “The Company” column.Below this signature, the Authorized Representative must provide the Printed version of his or her Name along with any applicable Title held.Lastly, the Company’s Authorized Representative should record the current Date on the line labeled “Date.”The Employee must also sign this agreement to enter it. This signature should be supplied, by the Employee, on the first blank space in the column designated as “Recipient.”The Printed Name of the Employee should be supplied on the blank line “Print Name.”The line marked “Date” should have the current Date recorded by the Employee.


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