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Certain Physician Non-Competes Are Now Void and Unenforceable in Florida

June 30, 2019
Marianne Curtis and Leonard K. Samuels  |  Healthcare

On June 25, 2019, Governor Ron DeSantis approved House Bill 843.  On the surface, the legislation addresses a variety of valid healthcare concerns.  However, tucked within the bill is a provision whereby the Florida Legislature amended Florida law governing restrictive covenants by invalidating certain restrictive covenants with licensed physicians. Pursuant to the legislation, an entity that employs all of the physicians who practice a certain medical specialty in one county will not be able to restrict its physicians from practicing that specialty in the same county.  If the entity entered into such a restrictive covenant with its physicians, the restrictive covenant will be void and unenforceable.