Restrictive Covenant Task Force

Brian Barakat

Chair

To join the task force email: camila@triallawmiami.com

Dropbox with section materials can be found here

 

Summary:  

In 2018, the Business Law Section of the Florida Bar empaneled a new task force comprised of more than 40 business law specialists to undertake a comprehensive review and modernization of Florida’s restrictive covenant statute, § 542.335.  The task force has begun work with the goal of being able to provide input into the possible redraft of the statute.

Florida’s existing restrictive covenant statute was enacted by the Legislature in 1996 in response to uncertainty and inconsistency in the application of Florida’s previous laws governing restrictive covenants.  The language in the statute was drafted in large part by a task force comprised of business law attorneys who were appointed by the Florida Bar to undertake a comprehensive analysis of the various issues of concern and create a framework for preparing and litigating restrictive covenants.  Since its passage in 1996, the statute has been the subject of hundreds of reported court decisions and a robust body of case law has developed around the statute, offering guidance and insight into the way the courts are inclined to interpret and decide the various issues raised by the language in the statute. 

  The need for a comprehensive review and modernization of the statute arose through other states‘ commentary on our statute and the passage of statutes in states with differing philosophical underpinnings.  Thereafter, proposed amendments were offered during the 2019 legislative session prompting the section to work with the proponents of those laws to conduct a review and determine what form the law in Florida should take. 

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