The short answer is that a properly drafted non-compete agreement is enforceable under Florida Law. See Florida Statutes 542.335.
However, in order for the non-compete to be enforceable, it must be reasonable tailored to serve a legitimate business interest. This means that the employer can cause the non-compete to be enforced by a Court of competent jurisdiction through the use of an injunction or a preliminary injunction.
Additionally, if the employer prevails, the employer may be entitled to damages, including attorney fees and costs.
A non-compete agreement may be challenged on a variety of grounds including proving prior breach by the employer, a showing that the non-compete does not protect a legitimate interest of the employer, and / or the non-compete is overly broad (longer than two years) or covers a territory outside where employer conducts business. However, a Court is not permitted to evaluate whether the non-compete creates a hardship on employee.
The law concerning non competes is ever evolving and it is fact specific to the extreme. I consultation with an experienced lawyer is essential to determining your rights and the enforceability of contract based on the specifics of each situation.
If you are in the Central Florida, or the Space Coast Area, or if you want a phone consult, you may schedule a consultation call or appointment with one of our experienced attorneys by calling 321-953-5998.