Non-Competition Statute in Florida

In a case which may represent a trend in terms of the erosion of Florida’s noncompetition statute, the 5^th District Court of Appeals refused to enforce a restrictive covenant set forth in a physician’s employment agreement on the basis that the physician’s former employer could not establish that it had “substantial relationships” with “specific prospective patients.”  Aside from running counter to a decision from the 3^rd DCA (Miami-Dade county), this case, along with a case decided out of the 1^st DCA, has subjected employers to a legal dilemma since it is rare for a practice to have a substantial relationship (or any relationship for that matter) with an individual who has not yet established a patient relationship with the practice. If you are interested in reviewing the text of this case, please click this link.