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: Fla. Dist. Ct. App. | Date Filed: 2021-03-17T00:53:00-07:00

Snippet: trade.” Id. Section 542.335 replaced section 542.33, which the legislature repealed “with respect to…covenant under section 542.335’s predecessor, section 542.33, is an affirmative defense. See Miami Elecs. Ctr…illegal and therefore unenforceable under Section 542.33, Florida Statutes (1991), . . . . The defendants…1069, 1071 (Fla. 4th DCA 1981) (applying section 542.33’s predecessor statute, section 542.12, and holding

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-31T00:00:00-07:00

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…Florida Statutes (Supp. 1996), replaced section 542.33 effective July 1, 1996. See ch. 96-257, §§ 1-2,

Avalon Legal Information Services, Inc. v. Keating

Court: Fla. Dist. Ct. App. | Date Filed: 2013-03-08T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2012-08-03T00:00:00-07:00

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…Florida Supreme Court analyzed and applied section 542.33 to the facts of that case. The Florida Supreme …into before July 1, 1996, at which time section 542.33 was replaced by section 542.335, Florida Statutes…specifically provides that the repeal of section 542.33 does not affect restrictive covenants entered into…analyzed and applied the predecessor statute, section 542.33, to the facts of that case. However, the 2002 and

Bauer v. Dilib, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-09-16T00:00:00-07:00

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

Snippet: significantly rewrote section 542.33 as new section 542.335. Section 542.33 continued to govern restrictive…from section 542.335 or its predecessor, section 542.33, Florida Statutes.[2] Rather, such power has evolved

ENVIRONMENTAL SERVICES, INC. v. Carter

Court: Fla. Dist. Ct. App. | Date Filed: 2009-04-24T00:00:00-07:00

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…explaining the then-applicable statute, section 542.33, Florida Statutes (1995), did not prohibit servicing…involved application of the earlier statute (section 542.33) governing restrictive covenants, which operated

Miller v. Preefer

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-18T00:00:00-08:00

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

Snippet: circumstances, in section 542.33, Florida Statutes (1993).[2] Section 542.33 allows contracts in restraint…illegal restraint of trade in violation of section 542.33, Florida Statutes (1993), which statutory provision… any of the relationships identified in section 542.33, Florida Statutes (1993), at least one of which… these limited exceptions carved out in section 542.33(2) and (3), are void. See Spencer Pest Control …any of the relationship requirements of section 542.33(2) and (3). Further, it is also plain that the

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

Court: Fla. Dist. Ct. App. | Date Filed: 2008-07-16T00:53:00-07:00

Citation: 987 So. 2d 763

Snippet: this case stems from the application of section 542.33, the predecessor version of section 542.335, Florida…Relying on case law applying the superseded section 542.33, Florida Statutes (1995), the trial court incorrectly

Leesburg Cancer Center v. Leesburg Regional

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-08T23:53:00-08:00

Citation: 972 So. 2d 203

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

Alvarez v. Rendon

Court: Fla. Dist. Ct. App. | Date Filed: 2007-04-05T00:00:00-07:00

Citation: 953 So. 2d 702

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: Fla. Dist. Ct. App. | Date Filed: 2007-01-23T23:53:00-08:00

Citation: 951 So. 2d 890

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: Fla. Dist. Ct. App. | Date Filed: 2006-05-26T00:53:00-07:00

Citation: 929 So. 2d 723

Snippet: section 542.33(1), which provides that, except to the extent authorized in subsections 542.33(2) and (…483 (Fla. 2d DCA 1986), holds that under section 542.33, Florida Statutes (1983), a covenant prohibiting…was void and unenforceable by reason of section 542.33, Florida Statutes, and the trial court agreed, …are unlawful. The court then noted that section 542.33 provides for recognition of a limited class of …transaction, not to compete with the buyer, section 542.33[1] did not recognize agreements whereby the buyer

Leighton v. First Universal Lending, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-12T00:00:00-07:00

Citation: 925 So. 2d 462

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: Fla. Dist. Ct. App. | Date Filed: 2006-01-24T23:53:00-08:00

Citation: 918 So. 2d 431

Snippet: discretion, rather than the other way around. Section 542.33 permits an owner selling his business to be bound…commerce in this state is unlawful."). [3] See § 542.33, Fla. Stat. (2005). 4D05-1759, 4D05-2148

Gray v. Prime Management Group, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-11-01T23:53:00-08:00

Citation: 912 So. 2d 711

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: Fla. Dist. Ct. App. | Date Filed: 2005-07-22T00:53:00-07:00

Citation: 906 So. 2d 378

Snippet: parties assumed that the 1990 version of section 542.33, Florida Statutes, applied to this dispute. We …March 6, 1990.[1] The legislature amended section 542.33(2)(a), effective June 28, 1990. Because the parties…statutory amendment, the pre-1990 version of section 542.33(2)(a) applies. For injunction purposes, the 1990…or direct solicitation of existing customers. § 542.33(2)(a), Fla. Stat. (Supp.1990). The pre-1990 version… at 477. Although the 1990 amendment to section 542.33(2)(a) did not apply to Mr. Cooper's case, the

Marx v. Clear Channel Broadcasting, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-10-13T00:53:00-07:00

Citation: 887 So. 2d 405

Snippet: agreement is reasonable as to time and area. § 542.33(2)(a) ("one who is employed... may agree with… stays in the same business in the same area. § 542.33(2)(a) ("so long as ... such employer continues…. At the same time, it repealed the old section 542.33 as to non-competition agreements made after July…July 1, 1996, but provided that old section 542.33 would continue to govern agreements, like the present…provisions in employment agreements under section 542.33, it is not possible for a successor owner of the

Scarbrough v. Liberty Nat. Life Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2004-03-30T23:53:00-08:00

Citation: 872 So. 2d 283

Snippet: are void unless expressly authorized by section 542.33(2)(a), Florida Statutes (1995).[1] He cites cases…SMITH, Senior Judge, CONCUR. NOTES [1] Section 542.33(2)(a) provides, in pertinent part: [O]ne who is

Wolf v. JAMES G. BARRIE, PA

Court: Fla. Dist. Ct. App. | Date Filed: 2003-09-26T00:53:00-07:00

Citation: 858 So. 2d 1083

Snippet: This noncompete agreement is governed by section 542.33(2)(a), Florida Statutes *1085 (1991). See Gupton…where there is no showing of irreparable injury. § 542.33(2)(a), Fla. Stat. (1991) (emphasis supplied). As…Fla. 2d DCA 1991),[2] A plain reading of section 542.33(2)(a) dispels any notion that the legislature intended… noncompete covenant. 579 So.2d at 134. Section 542.33(2)(a) requires that the employer must be engaged…affect a restrictive covenant governed by section 542.33 because that factual situation is not before us

Kforce, Inc. v. Mickenberg

Court: Fla. Dist. Ct. App. | Date Filed: 2003-05-21T00:00:00-07:00

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