Under Florida law, noncompete agreements signed after July 1996 are governed by Florida Statutes § 542.335. This statute is the basis for court decisions as to whether any non-competition contract can be enforced in the State of Florida. Over the years, court decisions have grappled with two related issues: (1) whether a non-compete agreement is “enforceable” and (2) whether and to what extent the non-competition agreement shall be “enforced.” On first impression, this distinction seems nitpicky and mere wordplay. However, in the arena of litigation over restrictive covenants and especially in the employment context, this distinction has been important in some cases. Peter Mavrick is a Fort Lauderdale non-compete lawyer who has successfully defended and prosecuted non-compete litigation for businesses and their owners. This apparently twisted distinction between the enforceability of noncompetition contracts versus…
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