Florida Clauses Relating to Venture Opportunities, competition
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FAQ
(j) A court shall enforce a restrictive covenant by any appropriate and effective remedy, including, but not limited to, temporary and permanent injunctions.
compete agreement, often part of a broader employment contract, is a legal document prohibiting an employee from working for or starting a competitive business during or after their employment period. Noncompete agreements are recognized and enforceable under Florida law.
If its terms are unreasonable Florida courts will not enforce a non-compete clause that does not have time, geographic area and activity restrictions. Such an agreement will be deemed unreasonable.
§ 542.335, creates rebuttable presumptions as to when a noncompete agreement's duration provision is enforceable. By that, the statute provides that the court ?shall presume? a noncompete agreement between an employee and employer is reasonable if the noncompete agreement is enforceable for six months or less.
In Florida, exclusive use clauses grant a tenant the exclusive right to conduct a specific business or sell certain goods within a specified area, typically a shopping center or mixed-use property.
Where a non-compete is overly broad, Florida courts take a ?Blue Pencil? approach meaning they revise the provision to make it reasonable and enforceable. For example, the court may limit the duration or geographic area covered by the non-compete, rather than state that the agreement is unenforceable.
Florida deals with covenants not to compete in section 542.355, Florida Statutes, which provides ?enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited.? In other ...
How long is a non-compete agreement valid in Florida? In Florida, most non-compete agreements are limited to two years. In the case of a sale of a business, a restrictive covenant is presumed reasonable if it's effective for no more than three years following the sale.