Is That "Non-Compete" Really a Customer Non-Solicitation Clause? What Florida Law Actually Says

If you've signed — or asked an employee to sign — a Florida "Covenant Not to Compete," it's worth reading the fine print closely. A surprising number of agreements labeled as non-competes don't actually stop someone from working in their field at all. Instead, they only restrict who the person can serve after they leave: current and former customers of the company. Under Florida law, that distinction matters enormously, both for whether the clause holds up and for how a court will handle it if a dispute lands in litigation.

On August 7, 2026, United States District Judge Mark E. Walker of the Northern District of Florida issued an Order on Attorneys' Fees in Walden v. Dixon, Case No. 4:24cv99-MW/MAF, approving an hourly rate of $450 for Massey & Duffy attorney Michael Massey. The defendant, represented by counsel for the Florida Department of Corrections, had argued that Mr. Massey's rate should be set at just $350 per hour. The court disagreed.

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