Are non-compete agreements enforceable in Florida?

Generally yes, if they meet s. 542.335, F.S.: a writing signed by the employee, a legitimate business interest such as trade secrets or substantial customer relationships, and a restraint reasonable in time, area and line of business. Courts must modify an overbroad restraint rather than refuse all relief.

How long can a Florida non-compete last?

Under s. 542.335(1)(d), F.S., against a former employee 6 months or less is presumed reasonable and more than 2 years presumed unreasonable. For covenants protecting trade secrets, 5 years or less is presumed reasonable. Covered agreements under the 2025 CHOICE Act may run up to 4 years.

Who does the Florida CHOICE Act apply to?

Covered employees and individual contractors who earn, or are reasonably expected to earn, more than twice the annual mean wage of the relevant Florida county, under s. 542.43, F.S. Health care practitioners are excluded. Agreements outside its definitions are governed by s. 542.335.

What is a trade secret under Florida law?

Information such as a formula, compilation, method or process that has economic value from not being generally known and that the owner takes reasonable steps to keep secret, under s. 688.002(4), F.S. Protected customer lists and pricing models often qualify.

How long do I have to sue for trade secret misappropriation in Florida?

Three years after the misappropriation is discovered or, with reasonable diligence, should have been discovered, under s. 688.007, F.S. A continuing misappropriation is treated as a single claim.

Can a private investigator check a former employee’s phone or email?

No. Investigators do not access personal devices or accounts; that would be unauthorized access under s. 815.06, F.S. Your own company-owned devices and systems are a different matter for your attorney and a qualified forensic examiner.

What can an investigator lawfully find in a non-compete case?

New companies and who is behind them, public professional profiles and advertising, observation in public places of the former employee working for a competitor or visiting customers, and witnesses who were solicited, all documented in a report for counsel.

Non-Compete and Trade Secret Investigations in Broward

If you believe a former employee is violating a non-compete, soliciting your customers or using your trade secrets, the first steps are to preserve your own evidence and call your business attorney. A licensed private investigator then documents what is happening outside your walls, using lawful methods only: corporate and licence records, public online activity, and observation in public places. Florida law gives employers strong tools, including injunctions under s. 542.335, F.S., the newer CHOICE Act for high earners, and Florida’s Uniform Trade Secrets Act in chapter 688. Those tools work best when the facts are solid. This guide is for employers in Fort Lauderdale, Hollywood, Pembroke Pines, Coral Springs and the rest of Broward County. It is general information, not legal advice.

What signs suggest a former employee is breaking a non-compete?

Customers or patients mention being contacted by a former employee or a company you have never heard of.
A new company is registered shortly before or after the employee left, with the employee, a spouse or a relative as an officer or registered agent.
The employee’s public professional profile shows a new role with a direct competitor, or vaguely describes “consulting” in your industry.
Bids, pricing or proposals from a competitor suddenly mirror your own.
Large downloads, forwarding of files to personal email, or deleted records on company systems just before the departure.
Other employees leave for the same company in quick succession.

No single sign proves a violation. A documented pattern is what your attorney needs.

What does Florida law require to enforce a non-compete?

Florida is known for enforcing restrictive covenants, but s. 542.335, F.S. sets conditions:

A signed writing. The covenant must be in a writing signed by the person against whom enforcement is sought (s. 542.335(1)(a)).
A legitimate business interest. The employer must plead and prove one, such as trade secrets, valuable confidential business information, substantial relationships with specific prospective or existing customers, customer goodwill tied to a trade name or area, or extraordinary or specialized training. A covenant not supported by a legitimate business interest is void (s. 542.335(1)(b)).
Reasonably necessary. The restraint must be reasonably necessary to protect that interest; if it is overbroad, the court must modify it and grant only the relief reasonably necessary (s. 542.335(1)(c)).
Time presumptions. Against a former employee, a restraint of 6 months or less is presumed reasonable and more than 2 years presumed unreasonable (s. 542.335(1)(d)1.). Where the covenant protects trade secrets, 5 years or less is presumed reasonable and more than 10 years unreasonable (s. 542.335(1)(e)).

The statute also tilts toward enforcement. Courts may not consider individualized hardship to the employee (s. 542.335(1)(g)1.), and a violation of an enforceable covenant creates a presumption of irreparable injury, the key element for a temporary injunction, though the employer must post a bond (s. 542.335(1)(j)). The prevailing party may recover attorney’s fees (s. 542.335(1)(k)).

What is the Florida CHOICE Act?

In 2025 Florida added the Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act, now ss. 542.41–542.45, F.S. It applies only to “covered” agreements with “covered employees”: employees or individual contractors who earn, or are reasonably expected to earn, a salary greater than twice the annual mean wage of the county where the employer has its principal place of business (or where the employee lives, if the employer is outside Florida). Health care practitioners are excluded (s. 542.43).

Covered garden leave agreements require up to 4 years’ notice before the relationship ends, with the employer continuing full salary and benefits during the notice period (s. 542.44).
Covered noncompete agreements may last up to 4 years within a defined geographic area (s. 542.45).
Conditions. The employee must be advised in writing of the right to counsel, receive the proposed agreement at least 7 days before the offer expires, and acknowledge in writing receiving confidential information or customer relationships.
Remedies. On the employer’s application, a court must preliminarily enjoin the employee, and can enjoin a new employer from engaging them. The injunction can be modified only if the other side proves by clear and convincing evidence, based on nonconfidential information, that the employee will not do similar work or use confidential information, among other narrow grounds. The prevailing party is entitled to attorney fees.

Covenants that do not meet the CHOICE Act definitions remain governed by s. 542.335 (s. 542.45(5)). Which law applies to your agreement is a question for your attorney.

What counts as a trade secret in Florida?

Under Florida’s Uniform Trade Secrets Act (ch. 688, F.S.), a trade secret is information, such as a formula, compilation, program, method or process, that has independent economic value from not being generally known or readily ascertainable, and that is the subject of reasonable efforts to keep it secret (s. 688.002(4)). Customer lists with pricing and contact history, bid models, supplier terms and proprietary processes often qualify, if you actually protected them.

Misappropriation includes acquiring a trade secret by improper means, which the statute says includes theft, bribery, misrepresentation, and breach of a duty to maintain secrecy, or using or disclosing it without consent (s. 688.002(1)–(2)). Remedies include an injunction against actual or threatened misappropriation (s. 688.003), damages for actual loss and unjust enrichment or a reasonable royalty, and up to twice that award for willful and malicious misappropriation (s. 688.004), plus attorney’s fees in those cases (s. 688.005). Suit must be brought within 3 years after the misappropriation is discovered or should have been discovered (s. 688.007). Where the secret relates to a product or service in interstate commerce, federal law also allows a civil action (18 U.S.C. § 1836(b)).

What should an employer do first?

Preserve your own systems. Do not wipe, reissue or reformat the departed employee’s company laptop, phone or email account. Keep access logs. Your attorney may want a qualified forensic examiner to image company-owned devices.
Gather the paperwork. The signed agreement, offer letter, confidentiality policies, exit acknowledgments and anything showing what the employee had access to.
Write down what you have heard. Which customers were contacted, when, by whom, and how you learned about it.
Call counsel before confronting anyone. A cease-and-desist letter sent too early can prompt the other side to destroy evidence.

How does a private investigator document a violation?

Corporate and licence records. New entities, their officers, registered agents and addresses, and whether the former employee or relatives are behind them. Our corporate investigations cover this.
Public online activity. Professional profiles, company websites, public posts and advertising, captured with dates and URLs so they can be authenticated.
Lawful surveillance. Observation from public places to document, for example, a former employee arriving at a competitor’s premises during business hours or visiting your customers’ locations. Our surveillance work records date, time and place and keeps original video intact.
Witnesses. Identifying and locating former co-workers or customers who can describe solicitation first-hand, for counsel to interview.
A written report that your attorney can attach to a declaration supporting a motion for a temporary injunction, with sources for every finding.

Lawful methods only. Investigators do not access the former employee’s personal phone, email or cloud accounts, or a competitor’s systems; unauthorized access is a crime under s. 815.06, F.S. They do not record conversations without all parties’ consent (s. 934.03, F.S.), pose as customers to extract confidential information, or trespass. Evidence gathered improperly can cost you the injunction and expose you to counterclaims.

How is this different from an employee theft case?

Employee theft is about stolen money, inventory or property while the person still works for you; see employee theft investigations for Fort Lauderdale businesses. Non-compete and trade secret cases usually begin after the person has left, turn on the contract and chapter 688, and are won or lost on how quickly and cleanly the employer documents what the former employee is doing now.

Broward Private Investigations works with licensed Florida private investigators across Broward County, supporting employers and their counsel through our attorney services. If a former employee may be competing against you, call (954) 235-4955 or contact us for a confidential consultation.