Is It Legally Enforceable in Florida?
Yes. Written non-solicitation agreements are enforceable if they contain reasonable limitations with regard to time, geographic reach, and lines of business.[1]
There must be at least one legitimate business interest motivating the restriction,[2] and the restrictions in the agreement may not be greater than reasonably necessary to protect that interest.[3]
Types of Solicitation to Prohibit
In Florida, a non-solicitation agreement can prohibit an individual from “poaching” the employer’s:
- Former or current customers and clients
- Former or current employees
- Former or current contractors
- Other business relationships (e.g. affiliates, suppliers, etc.)
What to Include
Under Florida statutes, a non-solicitation agreement must include the following:
1. Time Restraint
Under state law, any restrictive covenant against an employee or independent contractor is considered reasonable when it lasts six months or less and presumed unreasonable if it is longer than two years. Anything in between would be determined by the court, which would decide whether the specified duration in the agreement is reasonably necessary to protect a proven legitimate business interest of the employer.
2. Geographical Restraint
The agreement must specify the geographical area in which the restrictive terms apply. This must also be considered reasonable to protect a legitimate business interest of the employer.
3. Specific Action
This section specifies in detail what the individual is restricted from doing and who they may not solicit as part of the covenant. This may range from a blanket restriction on all clients or employees or name specific parties. The scope of the restrictions must be considered reasonable to protect the employer’s business interests.
Related Forms
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Florida Non-Disclosure Agreement
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