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Florida Statute 542.335 | Lawyer Caselaw & Research
F.S. 542.335 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 542
COMBINATIONS RESTRICTING TRADE OR COMMERCE
View Entire Chapter
F.S. 542.335
542.335 Valid restraints of trade or commerce.
(1) Notwithstanding s. 542.18 and subsection (2), enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited. In any action concerning enforcement of a restrictive covenant:
(a) A court shall not enforce a restrictive covenant unless it is set forth in a writing signed by the person against whom enforcement is sought.
(b) The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. The term “legitimate business interest” includes, but is not limited to:
1. Trade secrets, as defined in s. 688.002(4).
2. Valuable confidential business or professional information that otherwise does not qualify as trade secrets.
3. Substantial relationships with specific prospective or existing customers, patients, or clients.
4. Customer, patient, or client goodwill associated with:
a. An ongoing business or professional practice, by way of trade name, trademark, service mark, or “trade dress”;
b. A specific geographic location; or
c. A specific marketing or trade area.
5. Extraordinary or specialized training.

Any restrictive covenant not supported by a legitimate business interest is unlawful and is void and unenforceable.

(c) A person seeking enforcement of a restrictive covenant also shall plead and prove that the contractually specified restraint is reasonably necessary to protect the legitimate business interest or interests justifying the restriction. If a person seeking enforcement of the restrictive covenant establishes prima facie that the restraint is reasonably necessary, the person opposing enforcement has the burden of establishing that the contractually specified restraint is overbroad, overlong, or otherwise not reasonably necessary to protect the established legitimate business interest or interests. If a contractually specified restraint is overbroad, overlong, or otherwise not reasonably necessary to protect the legitimate business interest or interests, a court shall modify the restraint and grant only the relief reasonably necessary to protect such interest or interests.
(d) In determining the reasonableness in time of a postterm restrictive covenant not predicated upon the protection of trade secrets, a court shall apply the following rebuttable presumptions:
1. In the case of a restrictive covenant sought to be enforced against a former employee, agent, or independent contractor, and not associated with the sale of all or a part of:
a. The assets of a business or professional practice, or
b. The shares of a corporation, or
c. A partnership interest, or
d. A limited liability company membership, or
e. An equity interest, of any other type, in a business or professional practice,

a court shall presume reasonable in time any restraint 6 months or less in duration and shall presume unreasonable in time any restraint more than 2 years in duration.

2. In the case of a restrictive covenant sought to be enforced against a former distributor, dealer, franchisee, or licensee of a trademark or service mark and not associated with the sale of all or a part of:
a. The assets of a business or professional practice, or
b. The shares of a corporation, or
c. A partnership interest, or
d. A limited liability company membership, or
e. An equity interest, of any other type, in a business or professional practice,

a court shall presume reasonable in time any restraint 1 year or less in duration and shall presume unreasonable in time any restraint more than 3 years in duration.

3. In the case of a restrictive covenant sought to be enforced against the seller of all or a part of:
a. The assets of a business or professional practice, or
b. The shares of a corporation, or
c. A partnership interest, or
d. A limited liability company membership, or
e. An equity interest, of any other type, in a business or professional practice,

a court shall presume reasonable in time any restraint 3 years or less in duration and shall presume unreasonable in time any restraint more than 7 years in duration.

(e) In determining the reasonableness in time of a postterm restrictive covenant predicated upon the protection of trade secrets, a court shall presume reasonable in time any restraint of 5 years or less and shall presume unreasonable in time any restraint of more than 10 years. All such presumptions shall be rebuttable presumptions.
(f) The court shall not refuse enforcement of a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an assignee or successor to a party to such contract, provided:
1. In the case of a third-party beneficiary, the restrictive covenant expressly identified the person as a third-party beneficiary of the contract and expressly stated that the restrictive covenant was intended for the benefit of such person.
2. In the case of an assignee or successor, the restrictive covenant expressly authorized enforcement by a party’s assignee or successor.
(g) In determining the enforceability of a restrictive covenant, a court:
1. Shall not consider any individualized economic or other hardship that might be caused to the person against whom enforcement is sought.
2. May consider as a defense the fact that the person seeking enforcement no longer continues in business in the area or line of business that is the subject of the action to enforce the restrictive covenant only if such discontinuance of business is not the result of a violation of the restriction.
3. Shall consider all other pertinent legal and equitable defenses.
4. Shall consider the effect of enforcement upon the public health, safety, and welfare.
(h) A court shall construe a restrictive covenant in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement. A court shall not employ any rule of contract construction that requires the court to construe a restrictive covenant narrowly, against the restraint, or against the drafter of the contract.
(i) No court may refuse enforcement of an otherwise enforceable restrictive covenant on the ground that the contract violates public policy unless such public policy is articulated specifically by the court and the court finds that the specified public policy requirements substantially outweigh the need to protect the legitimate business interest or interests established by the person seeking enforcement of the restraint.
(j) A court shall enforce a restrictive covenant by any appropriate and effective remedy, including, but not limited to, temporary and permanent injunctions. The violation of an enforceable restrictive covenant creates a presumption of irreparable injury to the person seeking enforcement of a restrictive covenant. No temporary injunction shall be entered unless the person seeking enforcement of a restrictive covenant gives a proper bond, and the court shall not enforce any contractual provision waiving the requirement of an injunction bond or limiting the amount of such bond.
(k) In the absence of a contractual provision authorizing an award of attorney’s fees and costs to the prevailing party, a court may award attorney’s fees and costs to the prevailing party in any action seeking enforcement of, or challenging the enforceability of, a restrictive covenant. A court shall not enforce any contractual provision limiting the court’s authority under this section.
(2) Nothing in this section shall be construed or interpreted to legalize or make enforceable any restraint of trade or commerce otherwise illegal or unenforceable under the laws of the United States or of this state.
(3) This act shall apply prospectively, and it shall not apply in actions determining the enforceability of restrictive covenants entered into before July 1, 1996.
History.ss. 1, 3, ch. 96-257.

F.S. 542.335 on Google Scholar

F.S. 542.335 on Casetext

Amendments to 542.335


Arrestable Offenses / Crimes under Fla. Stat. 542.335
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 542.335.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CROM, LLC, v. PRELOAD, LLC, 380 F. Supp. 3d 1190 (N.D. Fla. 2019)

. . . . § 542.335(1)(h). . . . Stat. § 542.335(1)(a),(b),(c). . . . Stat. § 542.335(1)(d), (1)(e). . . . Stat. § 542.335(1)(b). . . . Stat. § 542.335(1)(j). . . .

IN RE STANDARD JURY INSTRUCTIONS IN CONTRACT AND BUSINESS CASES- REPORT., 260 So. 3d 87 (Fla. 2018)

. . . 1979) (holding that every provision in a contract should be given meaning); see also see also section 542.335 . . .

DATA PAYMENT SYSTEMS, INC. v. CASO,, 253 So. 3d 53 (Fla. App. Ct. 2018)

. . . Moreover, in 1996, the Florida Legislature adopted section 542.335 of the Florida Statutes to specifically . . . Phillips, 847 So.2d 406, 409 n.2 (Fla. 2003) ("According to the Senate Staff Analysis, section 542.335 . . . See § 542.335(1)(j), Fla. Stat. (2016). . . . trial court erred by not employing the statutory presumption of irreparable harm dictated by section 542.335 . . . See § 542.335(1)(g), (j) Fla. Stat. (2013) ; Medco Data, LLC v. . . .

ANSAARIE, M. D. v. FIRST COAST CARDIOVASCULAR INSTITUTE, P. A., 252 So. 3d 287 (Fla. App. Ct. 2018)

. . . when a party establishes that it has a valid, enforceable restrictive covenant that was violated. § 542.335 . . . Subsections 542.335(1)(b) and (c), Florida Statutes (2016), set the standard for enforcing restrictive . . . Sanal , 837 So.2d 512, 516 (Fla. 1st DCA 2003), this Court examined the language of section 542.335(1 . . . The lower court appropriately determined FCCI met its requirement under section 542.335(1)(c) by pleading . . . Hausinger , 927 So.2d 243, 245 (Fla. 2d DCA 2006) (recognizing the presumed harm under section 542.335 . . .

PREMIER COMPOUNDING PHARMACY, INC. a v. LARSON,, 250 So. 3d 94 (Fla. App. Ct. 2018)

. . . prevailing party and entitled to fees under the employment agreement, particularly paragraph 12, and section 542.335 . . . 12 invalidly allowed the issuance of an injunction without bond, it was unenforceable under section 542.335 . . . While section 542.335(1)(j) provides a temporary injunction requires a bond, and a contractual provision . . . See § 542.335(1)(j), Fla. Stat. . . .

PETERBROOKE FRANCHISING OF AMERICA, LLC, v. MIAMI CHOCOLATES, LLC,, 312 F. Supp. 3d 1325 (S.D. Fla. 2018)

. . . . § 542.335(1). . . . Stat. § 542.335(1)(b) and (c). . . . Stat. § 542.335(1)(b). . . . Stat. § 542.335(1)(c). . . . Stat. § 542.335(1)(h). . . .

SALAZAR v. HOMETEAM PEST DEFENSE, INC. f k a HT,, 230 So. 3d 619 (Fla. Dist. Ct. App. 2017)

. . . .” § 542.335(l)(h), Fla. Stat. (2009). . . .

WHITE, v. MEDERI CARETENDERS VISITING SERVICES OF SOUTHEAST FLORIDA, LLC, v., 226 So. 3d 774 (Fla. 2017)

. . . home health service referral sources can be a protected legitimate business interest under section 542.335 . . . Extraordinary or specialized .train-⅛. ' § 542.335(l)(b), Fla. Stat. (emphasis added). . . . Turning back to the statute, the plain language of section 542.335(l)(b)3. does not specifically list . . . See § 542.335(1) (b); Henao v. . . . See § 542.335(l)(c), (h), (j), Fla. Stat. . . .

COLLIER HMA PHYSICIAN MANAGEMENT, LLC, d b a a v. MENICHELLO, M. D., 223 So. 3d 334 (Fla. Dist. Ct. App. 2017)

. . . Stat. § 542.335(l)(f). Dr. . . . Stat. § 542.335(l)(f). 3. Pursuant to Fla. . . . See § 542.335(l)(f).- In other words, in accordance with section 542.335(l)(f), as long as the contract . . . Section 542.335 does not provide a definition of the term “successor.” . . . Section 542.335, Florida Statutes (Supp. 1996), replaced section 542.33 effective July 1, 1996. . . .

ALLIED UNIVERSAL CORPORATION, v. B. GIVEN,, 223 So. 3d 1040 (Fla. Dist. Ct. App. 2017)

. . . The issue in this appeal is controlled by Section 542.335 Florida Statutes (2016) (Valid restraints of . . . Section 542.335(l)(b), Florida Statutes (2016) provides a non-exhaustive list of statutorily protected . . . See § 542.335(l)(b)3, Fla. Stat. (2016). . . . Section 542.335 (l)(g)(4) provides: (g) In determining the enforceability of a restrictive covenant, . . . Section 542.335 (1) (j).provides: (j) A court shall enforce a restrictive covenant by any appropriate . . .

VITAL PHARMACEUTICALS, INC. d b a VPX a v. PROFESSIONAL SUPPLEMENTS, LLC, A a k a D b a LLC USA, LLC, A a k a d b a a k a T. J. a k a a k a J. P., 210 So. 3d 766 (Fla. Dist. Ct. App. 2017)

. . . without requiring VPX to post a bond as required by Florida Rule of Civil Procedure 1.610(b) and section 542.335 . . .

TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS, INC. v. CHALLA,, 676 F. App'x 822 (11th Cir. 2017)

. . . . § 542.335. . . . Ann. § 542.335(l)(j). . . .

FLORIDA DIGESTIVE HEALTH SPECIALISTS, LLP, a E. M. D. LLC, v. E. COLINA, M. D. a, 202 So. 3d 94 (Fla. Dist. Ct. App. 2016)

. . . “[wjhere there has been a delay in the entry of a non-compete injunction enforceable under section 542.335 . . . Ortiz, 152 So.3d 107, 109 (Fla. 4th DCA 2014) (footnote omitted) (citing § 542.335(1)(c), Fla. . . .

LUCKY COUSINS TRUCKING, INC. v. QC ENERGY RESOURCES TEXAS, LLC QC LLC, QC LLC, QC LLC, QC v. LLC,, 223 F. Supp. 3d 1221 (M.D. Fla. 2016)

. . . See § 542.335, Fla. Stat.; see also Hapney v. Central Garage, Inc., 579 So.2d 127, 132 (Fla. Dist. . . . See § 542.335(l)(c), Fla. Stat.; see also Shields v. . . .

IN RE S. HURVITZ, 554 B.R. 35 (Bankr. D. Mass. 2016)

. . . . § 542.335(j) ("The violation of a restrictive covenant creates a presumption of irreparable injury . . .

IDMWORKS, LLC, v. POPHALY,, 192 F. Supp. 3d 1335 (S.D. Fla. 2016)

. . . . § 542.335 “Florida statutory law (as a matter of public policy) does not allow a party to enforce a . . . Stat. § 542.335(l)(c). . . . Stat. § 542.335(l)(b)-(c). . . . relationships with specific prospective or existing customers, patients, or clients,” Fla, Stat. § 542.335 . . . Stat. § 542.335(l)(b)(5). . . .

SMART PHARMACY, INC. A v. VICCARI, A, 213 So. 3d 986 (Fla. Dist. Ct. App. 2016)

. . . .” § 542.335(l)(j), Fla. Stat. . . . See § 542.335(l)(i), Fla. Stat. . . . See § 542.335(1)0), Fla. Stat. . . . See § 542.335(l)(j), Fla. Stat. . . .

C. P. MOTION, INC. v. GOLDBLATT, 193 So. 3d 39 (Fla. Dist. Ct. App. 2016)

. . . Goldblatts to assign or transfer the Agreement as required by paragraph 23.6 of the Agreement and section 542.335 . . . Their argument has merit, as neither paragraph 23.6 of the Agreement nor section 542.335 preclude the . . . Section 542.335(l)(f)2 places limits on the enforcement of a restrictive covenant by an assignee or successor . . . That transfer was not precluded by section 542.335 or paragraph 23.6 of the Agreement. . . . of contract constituted a transfer of a chose in action, which was not precluded by either section 542.335 . . .

HILES, v. AMERICARE HOME THERAPY, INC., 183 So. 3d 449 (Fla. Dist. Ct. App. 2015)

. . . 5th DCA 2006), which holds that referral sources are not a legitimate business interest under section 542.335 . . . Sanal, 837 So.2d 512 (Fla. 1st DCA 2003), and misapplies section 542.335(l)(b)3. . . . University’s legitimate business interest concerning its specific prospective patients under section 542.335 . . . of the injunction, holding that “to qualify as a ‘legitimate business interest’ pursuant to section 542.335 . . . the instant case and holds that referral sources may be a legitimate business interest under section 542.335 . . . Hiles argues that the referral sources do not constitute a legitimate business interest under section 542.335 . . . The decision in Tummala is founded on this court’s interpretation and application of section 542.335, . . . the existence of one or more legitimate business interests justifying the restrictive covenant.” § 542.335 . . . includes, “but is not limited to,” five specific items that qualify as ■ legitimate business interests. § 542.335 . . . Section 542.335(l)(b)2. does recognize as a legitimate business interest “[vjaluable confidential business . . .

TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS, INC. v. REILLY,, 181 So. 3d 548 (Fla. Dist. Ct. App. 2015)

. . . Section 542.335, Florida Statutes, governs the enforcement of restrictive covenants. . . . Under section 542.335, “[a] trial court may grant a temporary injunction if the complainant proves ‘( . . . Irreparable Injury With respect to the first element, the “likelihood of irreparable injury, section 542.335 . . . Section 542.335(1)(b) sets forth a non-exhaustive list of “legitimate business interests.” . . . to compete must show that the covenant protects a legitimate business interest as defined by section 542.335 . . .

MEDERI CARETENDERS VISITING SERVICES OF SOUTHEAST FLORIDA, LLC, a v. WHITE,, 179 So. 3d 564 (Fla. Dist. Ct. App. 2015)

. . . in the health care industry were not “legitimate business interests” protectable pursuant to section 542.335 . . .

INFINITY HOME CARE, L. L. C. v. AMEDISYS HOLDING, LLC,, 180 So. 3d 1060 (Fla. Dist. Ct. App. 2015)

. . . sources for home health services are a legitimate business interest entitled to protection under section 542.335 . . . Tummala held that referring physicians are not a legitimate business interest under section 542.335 because . . . In concluding that referral sources are a legitimate business.interest under section 542.335, Florida . . . Section 542.335, Florida Statutes, governs enforcement of non-compete agreements and other restrictive . . . Section 542.335, however, clearly states that the legitimate business interests listed in the statute . . .

FLORIDA DIGESTIVE HEALTH SPECIALISTS, LLP, a E. M. D. LLC, v. E. COLINA, M. D. a, 192 So. 3d 491 (Fla. Dist. Ct. App. 2015)

. . . Section 542.335, Florida Statutes (2013), “governs the enforcement of restrictive covenants.” . . . Section 542.335(l)(g) specifically states that a court “[s]hall not consider any individualized economic . . . - or other hardship that might be caused to 'the person. against whom enforcement is sought ” §- 542.335 . . . harms favors them because they would suffer harm if they were enjoined” was in conflict with section 542.335 . . .

EVANS, v. GENERIC SOLUTION ENGINEERING, LLC,, 178 So. 3d 114 (Fla. Dist. Ct. App. 2015)

. . . Relevant Law “Section 542.335(1), Florida Statutes, permits enforcement of contracts that restrict or . . . include “[s]ub-stantial relationships with specific prospective or existing customers ... or clients.” § 542.335 . . . MacMillan, 895 F.Supp.2d 1213, 1224 (M.D.Fla.2012) (interpreting section 542.335(1)(b) and (c), Florida . . . case that the restrictions are reasonably necessary to protect its legitimate business interests. § 542.335 . . .

TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS, INC. v., 625 F. App'x 403 (11th Cir. 2015)

. . . (1)0) can be applied harmoniously; therefore, the district court properly applied section 542.335(1)0 . . . Stat. § 542.335(l)(g)l. . . . Stat. § 542.335(l)(g). . . . Here, the district court erred when it applied section 542.335(.l). . . . See § 542.335(l)(j). . . .

FLORIDA DIGESTIVE HEALTH SPECIALISTS, LLP, a E. M. D. LLC, v. E. COLINA, M. D. a, 170 So. 3d 946 (Fla. Dist. Ct. App. 2015)

. . . Section 542.335, Florida Statutes (2013), “governs the enforcement of restrictive covenants.” . . . Section 542.335(l)(g) specifically states that a court “[s]hall not consider any individualized economic . . . or other hardship that might be caused to the person against whom enforcement is sought.” § 542.335( . . . harms favors them because they would suffer harm if they were enjoined” was in conflict with section 542.335 . . .

AMELIA ISLAND RESTAURANT II, INC. a v. OMNI AMELIA ISLAND, LLC, a, 164 So. 3d 26 (Fla. Dist. Ct. App. 2015)

. . . Lease’s Exclusivity Provision We also conclude that section 542.335, Florida Statutes, does not require . . . Dolgencorp, Inc., 964 So.2d 261, 268 (Fla. 4th DCA 2007), we question section 542.335’s application to . . . In view of the Lease’s characteristics, even if section 542.335(1) applies to the exclusivity provision . . .

MEDCO DATA, LLC, v. BAILEY,, 152 So. 3d 105 (Fla. Dist. Ct. App. 2014)

. . . Because the trial court failed to apply the statutory presumption of irreparable injury under section 542.335 . . . Section 542.335 governs the enforcement of restrictive covenants. . . . the trial court found the facts that would trigger the presumption of irreparable harm under section 542.335 . . . the trial court made findings that would trigger the presumption of irreparable injury under section 542.335 . . .

ANAKARLI BOUTIQUE, INC. a v. ORTIZ,, 152 So. 3d 107 (Fla. Dist. Ct. App. 2014)

. . . Id. at 1204; see § 542.335(1), Fla. Stat. (2012). There was an' evidentiary hearing. Id. . . . remanded to the circuit court to make the factual findings as to whether the company “proved section 542.335 . . . Where there has been a delay in the entry of a non-compete injunction enforceable under section 542.335 . . . denying a temporary injunction and remand for a determination of “whether the company proved section 542.335 . . . Section 542.335(l)(c), Florida Statutes (2012), sets the boundaries for the enforcement of a restrictive . . .

ELEVEN, INC. v. GREWAL,, 60 F. Supp. 3d 272 (D. Mass. 2014)

. . . . § 542.335, which creates a presumption of irreparable harm when restrictive covenants are violated, . . . Stat. §§ 542.335(1)(g)(1) and (1)(j)). Massachusetts does not have a similar statute. . . . .

WINMARK CORP. v. BRENOBY SPORTS, INC., 32 F. Supp. 3d 1206 (S.D. Fla. 2014)

. . . Stat. § 542.335(l)(b); see also Proudfoot, 576 F.3d at 1231. . . . .” § 542.335(l)(d)(2); see also Snelling & Snelling, Inc. v. . . . Stat. § 542.335(l)(b); see also Autonation, Inc. v. . . . Stat. § 542.335(l)(a); Mobile Shelter Sys. USA, Inc. v. . . . Stat. § 542.335(l)(j); see also Proudfoot, 576 F.3d at 1231. 1. . . .

RICHLAND TOWERS, INC. a LLC, a v. DENTON, A. LLC, a, 139 So. 3d 318 (Fla. Dist. Ct. App. 2014)

. . . . § 542.335(1)(g)(2), Fla. Stat. (2007). . . . . § 542.335(1)(f). . . .

WINN- DIXIE STORES, INC. LLC, v. DOLGENCORP, LLC, f. k. a. a LLC, v. a LLC, v., 746 F.3d 1008 (11th Cir. 2014)

. . . concluded, Big Lots need not have signed the restrictive covenants to be bound by them because section 542.335 . . . Section 542.335 of the Florida Statutes concerns “[v]alid restraints of trade or commerce” — typically . . . Stat. § 542.335(l)(a) (2011). . . . But the covenants here ran with the land and section 542.335 does not apply. . . . Big Lots argues “that the holding in Winn-Dixie contradicts the clear mandate of Section 542.335.” . . .

TESLA ELECTRIC, ARMATURE AND MACHINE, INC. a v. JLM ADVANCED TECHNICAL SERVICES, INC. a A. H. JLM a v. a, 128 So. 3d 865 (Fla. Dist. Ct. App. 2013)

. . . we reverse and remand for further proceedings on JLM’s claim for attorney’s fees pursuant to section 542.335 . . . Therefore, section 542.335(l)(k) grants the trial court discretion to award JLM its reasonable attorney . . . Unlike section 542.335(l)(k), section 57.041 is mandatory. . . .

ELEVEN, INC. v. KAPOOR BROTHERS INC., 977 F. Supp. 2d 1211 (M.D. Fla. 2013)

. . . . § 542.335. . . . Stat. § 542.335(l)(b) & (c). 7-Eleven argues that the restrictive covenants are reasonably necessary . . . Stat. § 542.335(1)(b)(4); see USI In surance Services of Florida, Inc. v. . . . Stat. § 542.335(1)(c)). Defendants have made no such showing. . . . Stat. § 542.335(1)(i). . . .

MDS CANADA INC. a a a. k. a. v. RAD SOURCE TECHNOLOGIES, INC. a, 720 F.3d 833 (11th Cir. 2013)

. . . . § 542.335(a). . . .

In STANDARD JURY INSTRUCTIONS- CONTRACT AND BUSINESS CASES, 116 So. 3d 284 (Fla. 2013)

. . . 941 (Fla.1979) (holding that every provision in a contract should be given meaning); see also section 542.335 . . .

ZODIAC RECORDS INC. LLC, M. v. CHOICE ENVIRONMENTAL SERVICES, a, 112 So. 3d 587 (Fla. Dist. Ct. App. 2013)

. . . .” § 542.335(l)(d)l., Fla. Stat. (2011). . . . .” § 542.335(l)(e), Fla. Stat. (2011). . . . He argued, however, that the five-year term of section 542.335(l)(e), Florida Statutes (2011), applied . . . Sept.15, 2011) (rejecting movant’s argument that the five-year postterm restriction of section 542.335 . . . conclusion, as we find that Choice waived its ability to assert that the five-year term of section 542.335 . . .

AVALON LEGAL INFORMATION SERVICES, INC. v. F. KEATING,, 110 So. 3d 75 (Fla. Dist. Ct. App. 2013)

. . . Omni Healthcare, P.A., 853 So.2d 526, 529-30 (Fla. 5th DCA 2003); see also § 542.335(l)(j), Fla. . . . Section 542.335 contains a comprehensive framework for analyzing, evaluating and enforcing restrictive . . . According to section 542.335(l)(j), Florida Statutes, Schneider’s violation of the restrictive covenant . . . Avalon and Schneider claim Keating’s relationships were not “substantial” under subsection 542.335(l) . . . A specific marketing or trade area. § 542.335(l)(b)4.a.-c„ Fla. Stat. . . . .

ANARKALI BOUTIQUE, INC. a v. ORTIZ,, 104 So. 3d 1202 (Fla. Dist. Ct. App. 2012)

. . . See § 542.335(l)(b), Fla. . . . See § 542.335(l)(c), Fla. . . . The court did not otherwise make factual findings as to whether the company proved section 542.335’s . . . reasonable protection to all legitimate business interests established by the person seeking enforcement.” § 542.335 . . . Because the court did not make factual findings as to whether the company proved section 542.335’s requirements . . .

PULEO v. MORRIS, 98 So. 3d 248 (Fla. Dist. Ct. App. 2012)

. . . asserting that they were entitled to an award of attorney’s fees for defending the action under section 542.335 . . . Section 542.335(l)(k) provides, in pertinent part, that “[i]n the absence of a contractual provision . . . Puleo and FPF were entitled to recover their reasonable attorney’s fees and costs under section 542.335 . . . Puleo and FPF are entitled to their reasonable attorney’s fees under section 542.335(l)(k). . . .

PARTYLITE GIFTS, INC. v., 895 F. Supp. 2d 1213 (M.D. Fla. 2012)

. . . Stat. § 542.335(l)(b) and (c). . . . Stat. § 542.335(l)(b) and (c). . . . Stat. § 542.335(l)(j). . . . Stat. § 542.335(l)(d). . . . Slat. § 542.335(l)(h). . . .

DePUY ORTHOPAEDICS, INC. a v. WAXMAN,, 95 So. 3d 928 (Fla. Dist. Ct. App. 2012)

. . . without language expressly authorizing such enforcement ignores the unambiguous language in section 542.335 . . . Contracts entered into after July 1, 1996, are governed by section 542.335(l)(f), which states: (f) The . . . Section 542.335(l)(f) superceded prior law. . . . Because the contracts were entered into after July 1, 1996, section 542.335 should have applied. . . . the language of section 542.335(l)(f) concerning the assignment of the non-compete provisions. . . . Our conclusion on this point is further buttressed by section 542.335(l)(h), which provides that “[a] . . . In that regard, we look to section 542.335(l)(b), which addresses the enforceability of a non-compete . . . Section 542.335(l)(j) provides in pertinent part that “[t]he violation of an •enforceable restrictive . . . Section 542.335(1) allows for enforcement of contracts that restrict or prohibit competition so long . . . Section 542.335(1 )(i) further provides: No court may refuse enforcement of an otherwise enforceable . . .

PROTHERAPY ASSOCIATES, LLC, v. AFS OF BASTIAN, INCORPORATED, d b a d b a d b a L. P. d b a AFS OF LEBANON, INCORPORATED, d b a AFS OF YUMA, INCORPORATED, d b a d b a Of Of, 492 F. App'x 360 (4th Cir. 2012)

. . . concluded that the discontinuance of ProTherapy’s business was not a defense under Florida Statutes § 542.335 . . .

ROGERS, v. VULCAN MANUFACTURING COMPANY, INC., 93 So. 3d 1058 (Fla. Dist. Ct. App. 2012)

. . . contends this was error and he was entitled to attorney’s fees for two reasons: 1) pursuant to section 542.335 . . .

HEIDERICH, DVM n k a DVM LLC. v. FLORIDA EQUINE VETERINARY SERVICES, INC., 86 So. 3d 527 (Fla. Dist. Ct. App. 2012)

. . . . § 542.335(l)(h), Fla. Stat. (2010). I believe the trial court got it right. . . . Furthermore, the decision to grant the temporary injunction is in accord with the provisions of section 542.335 . . . .” § 542.335(1)(h), Fla. Stat. (2010). In Tam-Bay Realty, Inc. v. . . .

MOBILE SHELTER SYSTEMS USA, INC. v. GRATE PALLET SOLUTIONS, LLC, R., 845 F. Supp. 2d 1241 (M.D. Fla. 2012)

. . . Section 542.335 of the Florida Statutes proscribes the boundaries of valid anti-competitive agreements . . . Stat. § 542.335(l)(a). . . .

MDS CANADA INC. v. RAD SOURCE TECHNOLOGIES, INC., 822 F. Supp. 2d 1263 (S.D. Fla. 2011)

. . . . §§ 542.335 and 542.18. . . . Stat. § 542.335; see also Wilkinson v. . . . Stat. § 542.335(1). . . .

K. PATEL, DDS, v. W. BOERS, DDS,, 68 So. 3d 380 (Fla. Dist. Ct. App. 2011)

. . . restrictive covenant in the Provider Agreement was not properly assigned to Patel as required by section 542.335 . . . restrictive covenant because the Provider Agreement did not comply with the requirements of section 542.335 . . . That statute specifically provides: 542.335 Valid restraints of trade or commerce.— [ (1) ](f) The court . . .

CELLCO PARTNERSHIP, d b a v. KIMBLER, LP,, 68 So. 3d 914 (Fla. Dist. Ct. App. 2011)

. . . PAW Trucking, Inc., 942 So.2d 446, 448 (Fla. 2d DCA 2006) (alteration in original) (quoting § 542.335 . . . injunction must show “that the covenant protects a legitimate business interest as defined by section 542.335 . . . an action “that the person seeking enforcement no longer continues in business in the area .... ” § 542.335 . . . We acknowledge that section 542.335(l)(f) provides for limited circumstances in which a nonparty to a . . . third-party beneficiary of the contract or an assignee or successor to a party in such a contract. § 542.335 . . .

AVISENA, INC. v. C. SANTALO,, 65 So. 3d 14 (Fla. Dist. Ct. App. 2011)

. . . Because there was no violation of section 542.335, Florida Statutes (2010), either in terms of the activity . . .

PROTHERAPY ASSOCIATES, LLC, v. AFS OF BASTIAN, INC. d b a, 782 F. Supp. 2d 206 (W.D. Va. 2011)

. . . . §§ 542.335(l)(b),(c). . . . Stat. § 542.335(l)(c). . . . Stat. § 542.335(l)(h). . . . Stat. § 542.335(l)(e). . . . Stat. § 542.335(l)(c). . . .

UNIVERSITY MEDICAL CLINICS, INC. Dr. H. v. QUALITY HEALTH PLANS, INC. a, 51 So. 3d 1191 (Fla. Dist. Ct. App. 2011)

. . . and non-interference provision of the Agreement are of the type enforceable under Florida Statutes § 542.335 . . .

RELIANCE WHOLESALE, INC. v. GODFREY,, 51 So. 3d 561 (Fla. Dist. Ct. App. 2010)

. . . In doing so, we look to section 542.335(1), Florida Statutes (2009), which addresses the enforceability . . . confidential business or professional information that otherwise does not qualify as trade secrets.” § 542.335 . . . business interest” — “[sjubstantial relationships with specific prospective or existing customers.” § 542.335 . . . Therefore, pursuant to section 542.335(1)(b), Reliance established that the restrictive covenant contained . . . Section 542.335(1)(j) provides in part: “The violation of an enforceable restrictive covenant creates . . .

HILB ROGAL HOBBS OF FLORIDA, INC. f k a v. GRIMMEL, L. L. C. a, 48 So. 3d 957 (Fla. Dist. Ct. App. 2010)

. . . Specifically, section 542.335, Florida Statutes (2005), which took effect on July 1, 1996, contains a . . . Section 542.335 employs the term “restrictive covenants” and includes all contractual restrictions such . . . valid, a restrictive covenant may be enforced by way of temporary and permanent injunctive relief. § 542.335 . . . Section 542.335(1), Florida Statutes, permits enforcement of contracts that restrict or prohibit competition . . . case that the restrictions are reasonably necessary to protect its legitimate business interests. § 542.335 . . .

ATOMIC TATTOOS, LLC, v. E. MORGAN d b a, 45 So. 3d 63 (Fla. Dist. Ct. App. 2010)

. . . Section 542.335(1)(b), Florida Statutes (2009), requires a party seeking enforcement of a restrictive . . . a presumption of irreparable injury to the person seeking enforcement of a restrictive covenant.” § 542.335 . . . See § 542.335(l)(j). . . . Section 542.335(l)(g)(l) states: “In determining the enforceability of a restrictive covenant, a court . . .

In MAXXIM MEDICAL GROUP, INC. v., 434 B.R. 660 (Bankr. M.D. Fla. 2010)

. . . . § 542.335(l)(b) (2003). . Id. . Id. . Fla. Stat. § 542.335(l)(c). . Autonation, Inc. v. . . . Stat. § 542.335(l)(b). .See, e.g., Ins. Field Servs., Inc. v. . . .

GPS INDUSTRIES, LLC, v. K. LEWIS,, 691 F. Supp. 2d 1327 (M.D. Fla. 2010)

. . . Stat. § 542.335(l)(b). . . . Stat. § 542.335(l)(c). . . . Stat. § 542.335(l)(h). . . . Stat. § 542.335(l)(j). . . . Stat. § 542.335(l)(b). . . .

In WILSON v. d b a, 423 B.R. 559 (Bankr. M.D. Fla. 2010)

. . . This agreement is intended to be a valid contract under section 542.335 of the Florida [Statutes. . . .

BAUER, d b a v. DILIB, INC. a d b a, 16 So. 3d 318 (Fla. Dist. Ct. App. 2009)

. . . The plaintiff further pled entitlement to recover its attorney’s fees and costs under section 542.335 . . . In reaching its decision, the circuit court commented: It is not the language [of section 542.335(l)( . . . Looking to section 542.335 as a whole, we must read subsection (l)(k) in context with subsection (l)( . . . If anything, Florida law requires this court to strictly construe section 542.335(l)(k). . . . In 1996, the Legislature significantly rewrote section 542.33 as new section 542.335. . . .

LLC d b a v. PRACTICE PARTNERS, INC. LLC, LLC LLC,, 18 So. 3d 41 (Fla. Dist. Ct. App. 2009)

. . . Pettineo, 987 So.2d 763, 766 (Fla. 4th DCA 2008) (quoting § 542.335(1)(b), Fla. Stat.). . . . Babcock, 76 So.2d 654, 655 (Fla.1954); see also § 542.335(1)(c), Fla. Stat. (2008); Fla. R. Civ. . . . Carter, 9 So.3d 1258, 1263 (Fla. 5th DCA 2009) (citing § 542.335(1)(d), Fla. . . .

PROUDFOOT CONSULTING COMPANY, a v. GORDON,, 576 F.3d 1223 (11th Cir. 2009)

. . . Stat. § 542.335(l)(b). . . . Stat. § 542.335(1). . . . Stat. § 542.335(l)(c). . . . Stat. § 542.335). . . . Stat. § 542.335 implies that a second standard should govern. See John A. . . .

BAD ASS COFFEE COMPANY OF HAWAII, INC. a v. JH NTERPRISES, L. L. C. a C. S. I X, 636 F. Supp. 2d 1237 (D. Utah 2009)

. . . . § 542.335(l)(c). . . .

ENVIRONMENTAL SERVICES, INC. v. CARTER,, 9 So. 3d 1258 (Fla. Dist. Ct. App. 2009)

. . . Specifically, section 542.335, Florida Statutes (2005), which took effect on July 1, 1996, contains a . . . Section 542.335 employs the term “restrictive covenants” and includes all contractual restrictions such . . . Section 542.335(l)(h), Florida Statutes (2005), directs that the court “shall construe a restrictive . . . See § 542.335(l)(d), Fla. . . . Stat. § 542.335(l)(b). Defendant Le-jeune clearly opposed the Agreement’s enforcement against him. . . .

CONTINENTAL GROUP, INC. v. KW PROPERTY MANAGEMENT, LLC d b a KW LLC KW LLC d b a KW LLC LLC d b a KW LLC, 622 F. Supp. 2d 1357 (S.D. Fla. 2009)

. . . Stat. 542.335(l)(c). . . . Stat. 542.335(1)(j); North American Products Corp., 196 F.Supp.2d at 1228; Don King Prods., Inc. v. . . . Stat. 542.335(l)(b). . . . Stat. 542.335(l)(h); AutoNation, Inc. v. Maki, 2004 WL 1925479, *3 (Fla.Cir.Ct. Aug. 25, 2004). . . . Stat. § 542.335 due to the loss of goodwill of clients by having TCG on-site property managers switch . . .

DEL MONTE FRESH PRODUCE, N. A. INC. v. CHIQUITA BRANDS INTERNATIONAL INC., 616 F. Supp. 2d 805 (N.D. Ill. 2009)

. . . . § 542.335(l)(g)(l) states: "In determining the enforceability of a restrictive covenant, a court: Shall . . .

W. MILLER, v. PREEFER, L., 1 So. 3d 1278 (Fla. Dist. Ct. App. 2009)

. . . Section 542.335 was enacted in 1996 and applies to agreements entered on or after July 1, 1996. . . . See § 542.335, Fla. Stat. (2007). . . . .

BROWN BROWN, INC. v. ALI,, 592 F. Supp. 2d 1009 (N.D. Ill. 2009)

. . . . § 542.335(l)(g)(l). . . .

PERMA- LINER INDUSTRIES, INC. v. U. S. SEWER DRAIN, INC., 630 F. Supp. 2d 516 (E.D. Pa. 2008)

. . . . § 542.335(1) (West 2008). . . .

BOOKALL, v. SUNBELT RENTALS, INC., 995 So. 2d 1116 (Fla. Dist. Ct. App. 2008)

. . . Section 542.335, Florida Statutes (2004), directs courts to enforce valid non-competition agreements . . . by any appropriate remedy, including a temporary injunction. § 542.335(1)0), Fla. . . .

TRI- COUNTY CONCRETE PRODUCTS, INC. a v. LOWER,, 992 So. 2d 372 (Fla. Dist. Ct. App. 2008)

. . . See § 542.335(l)(h), Fla. . . .

USI INSURANCE SERVICES OF FLORIDA INC. v. PETTINEO, a, 987 So. 2d 763 (Fla. Dist. Ct. App. 2008)

. . . error in this case stems from the application of section 542.33, the predecessor version of section 542.335 . . . Section 542.335, however, allows an enforcing party to establish prima facie the enforceability of the . . . area or line of business that is the subject of the action to enforce the restrictive covenant.” § 542.335 . . . the existence of one or more legitimate business interests justifying the restrictive covenant.” § 542.335 . . . Section 542.335 provides a non-exhaustive list of legitimate business interests, including “[substantial . . .

J. HASLEY, Sr. v. Y. HARRELL, a a, 971 So. 2d 149 (Fla. Dist. Ct. App. 2007)

. . . Turning now to the merits, section 542.335, Florida Statutes (2001), entitled Valid Restraints of Trade . . . restricts or prohibits competition must plead and prove the existence of a legitimate business interest. § 542.335 . . . See § 542.335(l)(b)(2). . . . Section 542.335(l)(c) requires that the injunction be tailored to grant only the relief reasonably necessary . . . with directions to enter a new injunction that complies with the dictates of rule 1.610(c) and section 542.335 . . .

FLORIDA HEMATOLOGY ONCOLOGY SPECIALISTS, v. TUMMALA, M. D., 969 So. 2d 316 (Fla. 2007)

. . . centered upon whether referring physicians are a “legitimate business interest,” pursuant to section 542.335 . . . Under section 542.335, a restrictive covenant is enforceable only if it protects a “legitimate business . . . See § 542.335(1)(b), Fla. Stat. (2004). Here, Dr. . . . covenant, and Tummala has asserted that the covenant is unenforceable as a matter of law under section 542.335 . . . Moreover, a uniform interpretation of section 542.335 is critical not only to medical doctors but to . . .

WINN- DIXIE STORES, INC. a v. DOLGENCORP, INC. a L. L. C. a, 964 So. 2d 261 (Fla. Dist. Ct. App. 2007)

. . . Dolgencorp moved for summary judgment, arguing that section 542.335, Florida Statutes (1998) rendered . . . the enforceability of restrictive covenants entered into before July 1, 1996.” § 542.335(3), Fla. . . . In the circuit court, Dolgencorp focused on the wording of section 542.335(l)(a), which states that “ . . . When read in context with the other provisions of section 542.335, subsection (l)(a)’s reference to “ . . . For example, section 542.335(1) refers to “contracts that restrict or prohibit competition” that “are . . .

THOMAS, M. D. v. OSLER MEDICAL, INC., 963 So. 2d 896 (Fla. Dist. Ct. App. 2007)

. . . Covenants not to compete are governed by section 542.335, Florida Statutes. . . . Section 542.335(1)(j) authorizes a trial court to enter a temporary injunction as a method of enforcing . . .

J. EDWARDS, v. HARRIS d b a, 964 So. 2d 196 (Fla. Dist. Ct. App. 2007)

. . . that the parties had entered into a covenant not to compete and that the factors set forth in section 542.335 . . . There were no factual findings that applied the factors in section 542.335 to the instant case. . . . Section 542.335 also provides that the appellant had the burden of establishing that the covenant was . . .

BROWN BROWN, INC. v. ALI,, 494 F. Supp. 2d 943 (N.D. Ill. 2007)

. . . . § 542.335 (2007). 1. . . . Ann. § 542.335(l)(b). . . . Ann. § 542.335(l)(h). . . . Stat. § 542.335(l)(b)(2), defining “legitimate business interest” to include “valuable confidential business . . . Ann. § 542.335(1)). . . .

L. ALVAREZ, M. D. v. M. RENDON, M. D., 953 So. 2d 702 (Fla. Dist. Ct. App. 2007)

. . . the two year maximum that follows the termination of an employment relationship under Florida Statute 542.335 . . . Section 542.335(l)(h), Florida Statutes (2005), instructs that: A court shall construe a restrictive . . .

GOULD LAMB, LLC, v. D ALUSIO,, 949 So. 2d 1212 (Fla. Dist. Ct. App. 2007)

. . . .” § 542.335(l)(b), Fla. Stat. (2005). . . .

H M HEARING ASSOCIATES, LLC, v. A. NOBILE d b a, 950 So. 2d 501 (Fla. Dist. Ct. App. 2007)

. . . argues that irreparable harm is presumed in the situation of a covenant not to compete under section 542.335 . . .

K. LEWIS, v. SUNBELT RENTALS, INC., 949 So. 2d 1114 (Fla. Dist. Ct. App. 2007)

. . . In its motion requesting a temporary injunction, Sunbelt cited section 542.335, Florida Statutes (2006 . . .

WHITBY a k a LLC, LLC, v. INFINITY RADIO INC., 951 So. 2d 890 (Fla. Dist. Ct. App. 2007)

. . . Therefore, and notwithstanding the provisions of section 542.335(l)(f)(2), Infinity, as party to the . . . Section 542.335(1), Florida Statutes (1999), permits enforcement of contracts that restrict or prohibit . . . Section 542.335(1)(c) provides: A person seeking enforcement of a restrictive covenant also shall plead . . . Section 542.335(l)(f)2., Florida Statutes (1999), provides: (f) The court shall not refuse enforcement . . . Further, this court did not find error in the trial court’s application of section 542.335. . . .

WALSH, v. PAW TRUCKING, INC., 942 So. 2d 446 (Fla. Dist. Ct. App. 2006)

. . . Covenants not to compete are governed by section 542.335, Florida Statutes. . . . Section 542.335(l)(j) authorizes trial courts to enter temporary injunctions as one method of enforcing . . . 5th DCA 2003) (stating that covenants not to compete that “fit[ ] within the parameters of section 542.335 . . . Section 542.335(l)(j) provides that “[t]he violation of an enforceable restrictive covenant creates a . . . Section 542.335(l)(c) empowers the trial court enforcing a covenant to “modify the restraint” in the . . .

LITWINCZUK, M. D. v. PALM BEACH CARDIOVASCULAR CLINIC, L. C., 939 So. 2d 268 (Fla. Dist. Ct. App. 2006)

. . . Section 542.335(1)(c), Florida Statutes, provides, in relevant part: (c) A person seeking enforcement . . . Section 542.335(1)(j) states, in part: “The violation of an enforceable restrictive covenant creates . . . Section 542.335(1)(b) provides, in pertinent part: (b) The person seeking enforcement of a restrictive . . .

AUTOZONE STORES, INC. a a v. NORTHEAST PLAZA VENTURE, LLC. a, 934 So. 2d 670 (Fla. Dist. Ct. App. 2006)

. . . Roffe, 791 So.2d 512 (Fla. 4th DCA 2001) (applying requirements of section 542.335, Florida Statutes . . .

In WORLDCOM, INC., 343 B.R. 486 (Bankr. S.D.N.Y. 2006)

. . . . §§ 543.33, 542.335 (2005). . . .

O. HENAO, v. PROFESSIONAL SHOE REPAIR, INC. A., 929 So. 2d 723 (Fla. Dist. Ct. App. 2006)

. . . Section 542.335 contains a comprehensive framework for analyzing, evaluating and enforcing restrictive . . . Section 542.335 is broadly “aimed at making enforcement of bona fide restrictive covenants easier and . . . As noted above, unlike section 542.33, section 542.335(1) is expansive in scope. . . . Accordingly, Henao has stated a cause of action for enforcement pursuant to section 542.335. . . . Under section 542.335, the noncompete agreement here is not an illegal restraint of trade. . . .

VARIABLE ANNUITY LIFE INSURANCE CO. v. HAUSINGER,, 927 So. 2d 243 (Fla. Dist. Ct. App. 2006)

. . . In its motion for preliminary injunction, VALIC pleaded the operation of section 542.335(l)(j), Florida . . . Quoting directly from the statute, this court analyzed section 542.335(1)0 in America II Electronics, . . .

FLORIDA HEMATOLOGY ONCOLOGY, v. TUMMALA, M. D., 927 So. 2d 135 (Fla. Dist. Ct. App. 2006)

. . . In Florida, the enforceability of restrictive covenants is controlled in large part by section 542.335 . . . Fla. 1st DCA 2003) (“we hold that, to qualify as a ‘legitimate business interest’ pursuant to section 542.335 . . . See § 542.335(l)(c), Fla. . . . here, i.e., that referring physicians do not constitute a legitimate business interest under section 542.335 . . .

LEIGHTON, a v. FIRST UNIVERSAL LENDING, LLC, a, 925 So. 2d 462 (Fla. Dist. Ct. App. 2006)

. . . Section 542.335, Florida Statutes (2005), governs the enforceability of non-compete clauses. . . . Non-compete clauses are valid so long as the contracts are reasonable in time, area, and line of business. 542.335 . . . of non-compete clauses, the trial court must consider all applicable legal and equitable defenses. 542.335 . . . Here, the trial court made the requisite findings and conclusions required by section 542.335. . . . Section 542.335 of the Florida Statutes applies to a non-compete clause entered into after July 1, 1996 . . .

JONJUAN SALON, INC. v. ACOSTA f k a, 922 So. 2d 1081 (Fla. Dist. Ct. App. 2006)

. . . .” § 542.335(1)(b). . . . reasonable protection to all legitimate business interests established by the person seeking enforcement.” § 542.335 . . . a presumption of irreparable injury to the person seeking enforcement of a restrictive covenant.” § 542.335 . . . that evidence was sufficient to prove a violation of an enforceable restrictive covenant under section 542.335 . . . rebuttable presumption of irreparable injury for purposes of obtaining an injunction under section 542.335 . . .

J. COLUCCI, v. EAR RARE AUTOMOTIVE GROUP, INC., 918 So. 2d 431 (Fla. Dist. Ct. App. 2006)

. . . Florida Statutes section 542.335(1)(b) (2004) provides a nonexclusive list of “legitimate business interests . . . Servs., Inc., 715 So.2d 1048, 1049 (Fla. 3d DCA 1998) (holding that, under Florida Statutes section 542.335 . . . Under Florida Statutes section 542.335(l)(j): “The violation of an enforceable restrictive covenant creates . . .

PIRTEK USA, LLC, v. ZAETZ, LLC, LLC,, 408 F. Supp. 2d 81 (D. Conn. 2005)

. . . considerable portion of the arguments presented by the parties concerns the applicability of Florida Statute § 542.335 . . . Section 542.335 is relevant because it specifies that in the event that a covenant not to compete is . . . Stat. § 542.335(l)(j). . . . Stat. § 542.335(l)(a), and Peter Zaetz has not signed the covenant, there is a significant legal question . . . Therefore, even if the Florida Statute 542.335(l)(j) applies and there is a presumption of irreparable . . .

GRAY, a v. PRIME MANAGEMENT GROUP, INC., 912 So. 2d 711 (Fla. Dist. Ct. App. 2005)

. . . Section 542.335, Florida Statutes, provides that restrictive covenants are valid restraints of trade . . . interest justifying the restraint; and the covenant is reasonably necessary to protect that interest. § 542.335 . . .

COASTAL LOADING, INC. v. TILE ROOF LOADING, INC., 908 So. 2d 609 (Fla. Dist. Ct. App. 2005)

. . . See § 542.335(l)(a), Fla. . . .

COOPER, v. THOMAS CRAIG COMPANY, LLP,, 906 So. 2d 378 (Fla. Dist. Ct. App. 2005)

. . . The parties correctly recognize that section 542.335, Florida Statutes, does not' apply. . . . . § 542.335(3), Fla. Stat. (Supp.1996). . . .

MILNER VOICE AND DATA, INC. v. TASSY,, 377 F. Supp. 2d 1209 (S.D. Fla. 2005)

. . . . § 542.335. . . . . § 542.335(3). Fla. . . . Stat. § 542.335(b). . . . Stat. § 542.335(l)(b). . . . Stat. § 542.335(l)(b). . . .

FULFORD, v. DRAWDY BROTHERS CONSTRUCTION, II, INC., 903 So. 2d 1007 (Fla. Dist. Ct. App. 2005)

. . . .” § 542.335(l)(c), Fla. Stat. (2004). . . .

J. KOHLMEIER, v. DIVERSIFIED DRILLING CORPORATION,, 898 So. 2d 994 (Fla. Dist. Ct. App. 2005)

. . . Even if the Agreement did not entitle Diversified to an attorney’s fee award, section 542.335(l)(k), . . .