Florida Statute 542.33 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 542
COMBINATIONS RESTRICTING TRADE OR COMMERCE

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F.S. 542.33

542.33 Contracts in restraint of trade valid.—

(1) Notwithstanding other provisions of this chapter to the contrary, each contract by which any person is restrained from exercising a lawful profession, trade, or business of any kind, as provided by subsections (2) and (3) hereof, is to that extent valid, and all other contracts in restraint of trade are void.

(2)(a) One who sells the goodwill of a business, or any shareholder of a corporation selling or otherwise disposing of all of her or his shares in said corporation, may agree with the buyer, and one who is employed as an agent, independent contractor, or employee may agree with her or his employer, to refrain from carrying on or engaging in a similar business and from soliciting old customers of such employer within a reasonably limited time and area, so long as the buyer or any person deriving title to the goodwill from her or him, and so long as such employer, continues to carry on a like business therein. Said agreements may, in the discretion of a court of competent jurisdiction, be enforced by injunction. However, the court shall not enter an injunction contrary to the public health, safety, or welfare or in any case where the injunction enforces an unreasonable covenant not to compete or where there is no showing of irreparable injury. However, use of specific trade secrets, customer lists, or direct solicitation of existing customers shall be presumed to be an irreparable injury and may be specifically enjoined. In the event the seller of the goodwill of a business, or a shareholder selling or otherwise disposing of all her or his shares in a corporation breaches an agreement to refrain from carrying on or engaging in a similar business, irreparable injury shall be presumed.

(b) The licensee, or any person deriving title from the licensee, of the use of a trademark or service mark, and the business format or system identified by that trademark or service mark, may agree with the licensor to refrain from carrying on or engaging in a similar business and from soliciting old customers of such licensor within a reasonably limited time and area, so long as the licensor, or any person deriving title from the licensor, continues to carry on a like business therein. Said agreements may, in the discretion of a court of competent jurisdiction, be enforced by injunction.

(3) Partners may, upon or in anticipation of a dissolution of the partnership, agree that all or some of them will not carry on a similar business within a reasonably limited time and area.

(4) This section does not apply to any litigation which may be pending, or to any cause of action which may have accrued, prior to May 27, 1953.

History.—ss. 1, 2, 3, 4, ch. 28048, 1953; s. 1, ch. 79-43; s. 2, ch. 80-28; s. 1, ch. 87-40; s. 1, ch. 88-400; s. 1, ch. 90-216; s. 2, ch. 96-257; s. 756, ch. 97-103.

Note.—Former s. 542.12.

F.S. 542.33 on Google Scholar

F.S. 542.33 on Casetext

Amendments to 542.33

Arrestable Offenses / Crimes under Fla. Stat. 542.33

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 542.33.

Annotations, Discussions, Cases:

Cases Citing Statute 542.33

Total Results: 20

RAUCH, WEAVER, NORFLEET, KURTZ & CO, INC. v. GARNAN ENTERPRISES, LLC and NANCY LEGAULT

Court: District Court of Appeal of Florida | Date Filed: 2021-03-17

Snippet: trade.” Id. Section 542.335 replaced section 542.33, which the legislature repealed “with respect to

Collier HMA Physician Management, LLC v. Brian Menichello, M.D.

Court: District Court of Appeal of Florida | Date Filed: 2017-05-31

Citation: 223 So. 3d 334, 2017 WL 2364675, 2017 Fla. App. LEXIS 7772

Snippet: Corporate Express the court considered section 542.33, Florida Statutes (1985), the version of the statute

Avalon Legal Information Services, Inc. v. Keating

Court: District Court of Appeal of Florida | Date Filed: 2013-03-08

Citation: 110 So. 3d 75, 2013 WL 843033, 2013 Fla. App. LEXIS 3747

Snippet: So.2d 763, 766 (Fla. 4th DCA 2008); see also § 542.33(2)(a), Fla. Stat. (2008). Alternatively, Avalon

DePuy Orthopaedics, Inc. v. Waxman

Court: District Court of Appeal of Florida | Date Filed: 2012-08-03

Citation: 95 So. 3d 928, 34 I.E.R. Cas. (BNA) 307, 2012 Fla. App. LEXIS 12654, 2012 WL 3138681

Snippet: which analyzed the predecessor statute, section 542.33, Florida Statutes (1985). In the second case, Corporate

Bauer v. Dilib, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-09-16

Citation: 16 So. 3d 318, 2009 Fla. App. LEXIS 13769, 2009 WL 2949296

Snippet: from section 542.335 or its predecessor, section 542.33, Florida Statutes.[2] Rather, such power has evolved

ENVIRONMENTAL SERVICES, INC. v. Carter

Court: District Court of Appeal of Florida | Date Filed: 2009-04-24

Citation: 9 So. 3d 1258, 29 I.E.R. Cas. (BNA) 633, 2009 Fla. App. LEXIS 3459, 2009 WL 1097261

Snippet: section 542.33(2) and (3), all restraints of trade were illegal and unenforceable. See § 542.33(1), Fla

Miller v. Preefer

Court: District Court of Appeal of Florida | Date Filed: 2009-02-18

Citation: 1 So. 3d 1278, 2009 Fla. App. LEXIS 1281, 2009 WL 383565

Snippet: illegal restraint of trade in violation of section 542.33, Florida Statutes (1993), which statutory provision

USI INS. SERVICES OF FLORIDA, INC. v. Pettineo

Court: District Court of Appeal of Florida | Date Filed: 2008-07-16

Citation: 987 So. 2d 763, 2008 WL 2744409

Snippet: this case stems from the application of section 542.33, the predecessor version of section 542.335, Florida

Leesburg Cancer Center v. Leesburg Regional

Court: District Court of Appeal of Florida | Date Filed: 2007-11-09

Citation: 972 So. 2d 203, 2007 Fla. App. LEXIS 17776, 2007 WL 3302439

Snippet: restraint of trade, unenforceable under section 542.33, Florida Statutes (1985). The Cancer Center challenges

Alvarez v. Rendon

Court: District Court of Appeal of Florida | Date Filed: 2007-04-05

Citation: 953 So. 2d 702, 2007 WL 1010297

Snippet: the business of the Corporation. Under section 542.33(2)(a), Florida Statutes (2005): One who sells the

Whitby v. Infinity Radio Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-01-24

Citation: 951 So. 2d 890, 2007 WL 162753

Snippet: section 542.335, and not its predecessor, section 542.33, which was in effect when the 1995 Agreement was

Henao v. Professional Shoe Repair, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-05-26

Citation: 929 So. 2d 723, 2006 Fla. App. LEXIS 8244, 2006 WL 1459553

Snippet: 483 (Fla. 2d DCA 1986), holds that under section 542.33, Florida Statutes (1983), a covenant prohibiting

Leighton v. First Universal Lending, LLC

Court: District Court of Appeal of Florida | Date Filed: 2006-04-12

Citation: 925 So. 2d 462, 2006 WL 931306

Snippet: acknowledge the trial court applied a statute, section 542.33, Florida Statutes, which had been repealed. Section

Colucci v. Kar Kare Automotive Group, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2006-01-25

Citation: 918 So. 2d 431, 2006 Fla. App. LEXIS 780, 2006 WL 167939

Snippet: discretion, rather than the other way around. Section 542.33 permits an owner selling his business to be bound

Gray v. Prime Management Group, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2005-11-02

Citation: 912 So. 2d 711, 2005 WL 2861297

Snippet: date before July 1, 1996 are governed by section 542.33, Florida Statutes. See § 542.331, Fla. Stat. The

Cooper v. THOMAS CRAIG & COMPANY, LLP

Court: District Court of Appeal of Florida | Date Filed: 2005-07-22

Citation: 906 So. 2d 378, 2005 Fla. App. LEXIS 11192, 2005 WL 1705124

Snippet: parties assumed that the 1990 version of section 542.33, Florida Statutes, applied to this dispute. We

Marx v. Clear Channel Broadcasting, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2004-10-13

Citation: 887 So. 2d 405, 2004 WL 2290615

Snippet: agreement is reasonable as to time and area. § 542.33(2)(a) ("one who is employed... may agree with

Scarbrough v. Liberty Nat. Life Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 2004-03-31

Citation: 872 So. 2d 283, 2004 Fla. App. LEXIS 4111, 2004 WL 624963

Snippet: are void unless expressly authorized by section 542.33(2)(a), Florida Statutes (1995).[1] He cites cases

Wolf v. JAMES G. BARRIE, PA

Court: District Court of Appeal of Florida | Date Filed: 2003-09-26

Citation: 858 So. 2d 1083, 2003 WL 22214026

Snippet: This noncompete agreement is governed by section 542.33(2)(a), Florida Statutes *1085 (1991). See Gupton

Kforce, Inc. v. Mickenberg

Court: District Court of Appeal of Florida | Date Filed: 2003-05-21

Citation: 846 So. 2d 1190, 2003 Fla. App. LEXIS 7518, 2003 WL 21180425

Snippet: solicitation of Kforee’s customers. Under section 542.33(2)(a), Florida Statutes (1995), “solicitation of