Key Takeaways

  • Tortious interference in Florida occurs when a third party unjustly disrupts an existing or potential business relationship.
  • Plaintiffs must prove existence of a business relationship, defendant’s knowledge, intentional interference, and damages.
  • Florida recognizes both contractual and advantageous (non-contractual) business relationships as grounds for claims.
  • Common defenses include lack of knowledge, lawful competition, or absence of a valid business relationship.
  • Successful claims may award economic damages, including lost profits, but generally not attorney’s fees.
  • Florida has a four-year statute of limitations for tortious interference actions.
  • Claims often overlap with breach of contract, non-compete agreements, or unfair competition disputes.

A tortious interference with business relationship Florida occurs when a third party to a contract or a business agreement intentionally interferes with or disrupts that contract or business relationship. Under the law, a third party may not interfere with current or pending business transactions between parties in an existing business relationship. If so, the situation could result in a major lawsuit.

Tortious interference can look like many different things. Some examples would be if a business owner sued a former employee to enforce a noncompetition contract, a condo owner posted a fake "For Sale" signs to deter a sale of a neighboring condo, or a person knowingly presented false information about a business to deter customers from frequenting it.

Proving a Tortious Interference Claim

To prove tortious interference, the plaintiff must prove the following elements were present:

  • A business relationship (or even potential for a business relationship), either advantageous or contractual, existed with another party.
  • The defendant knew about the business relationship.
  • The defendant purposely and unjustly disrupted or interfered with the business relationship.
  • As a direct result of the disruption, damages occurred.

Examples of Tortious Interference in Florida

In Florida, courts have recognized a wide variety of actions as potential tortious interference, depending on the facts of the case. Examples include:

  • Inducing an employee to break a valid non-compete or confidentiality agreement.
  • Spreading false statements about a business to damage its reputation and divert customers.
  • Coercing a supplier or vendor to stop doing business with a competitor.
  • Disrupting negotiations for a pending sale or merger.
  • Misusing confidential information to interfere with a company’s contracts.

These scenarios illustrate that interference can be both direct (such as contacting a party to breach a contract) or indirect (such as creating conditions that discourage customers or partners from continuing a relationship)

Defending a Tortious Interference Claim

Defending a tortious interference claim may include the following:

  • The defendant did not know about the business relationship, agreement, or contract.
  • The defendant did not purposely act with the intent of interfering or disrupting the relationship or the contract.
  • The contract would have been breached regardless of the disruption.
  • There was no valid contract or business relationship in existence when the defendant's interference took place.
  • The defendant had legal justification for his or her action.
  • The contract was not breached.

Common Business Contexts for Claims

Tortious interference claims in Florida often arise in highly competitive industries. Some of the most frequent contexts include:

  • Employment disputes: former employees soliciting clients or violating restrictive covenants.
  • Franchise and distribution agreements: interference with exclusive supplier or franchise contracts.
  • Real estate and property transactions: sabotaging pending sales or leases.
  • Professional services: poaching clients or undermining contracts between law, medical, or financial firms.

Because Florida law recognizes competition as legitimate when conducted lawfully, courts carefully distinguish between healthy competition and interference that crosses into tortious conduct

Tortious Interference in Florida

Under Florida law, two forms of relationships may be subject to tortious interference:

  • Contractual business relationships.
  • Advantageous business relationships.

A contractual business relationship is one that is created by a contract between two or more parties, such as:

  • Noncompete agreements
  • Sales agreements
  • Nondisclosure agreements.

As it must be proven that the person who allegedly interfered knew about the business relationship, cases of tortious interference related to contractual business relationships may be easier to prove. In some instances, contracts must be made publicly available for review or comment.

The definition of an advantageous business relationship is harder to determine, but it may include situations such as a sales relationship with a vendor or customer. It may be harder for third parties to know whether a business relationship or potential for a relationship exists, which may make it more difficult to prove that the defendant knew about the relationship.

In Florida, the statute of limitations is four years. When the last element of the cause of action transpires, the limitations period begins to run.

Legal Standards and Burden of Proof

Florida courts impose a high burden of proof on plaintiffs. It is not enough to show that a business relationship was harmed; the plaintiff must show the defendant acted with intentional and unjustified interference. For example, competition that results in lost business is not inherently unlawful. To succeed, plaintiffs must demonstrate that the interference was done with improper means, such as fraud, intimidation, or misrepresentation.

Courts also emphasize that speculative or hopeful relationships (like the mere possibility of gaining future customers) are generally not protected. A plaintiff must show an identifiable, existing, or probable business relationship that had a reasonable likelihood of fruition

Results of a Successful Tortious Interference Claim

A plaintiff of tortious interference may experience hardships such as:

  • Loss of profits
  • Loss of business
  • Possibly harm to reputation
  • Emotional distress.

In Florida, the plaintiff may have rights to the recovery of damages he or she has incurred by pursuing legal action.

A successful tortious interference claim will result solely in economic damages. The economic loss the plaintiff suffered will be calculated, and any damages awarded will be to compensate for such losses. When there is uncertainty as to the exact amount of damages, or difficulty in proving the exact amount, the evidence of substantial damages and reasonable basis for the amount awarded will suffice for recovery. In this case, a damage analysis must be supported by the testimony of an:

  • Accountant
  • Economist
  • Other business forensic analyst.

If the defendant proves the disruption or interference was actually lawful business competition, he or she will not be found guilty of tortious interference. In addition, there will be no basis for recovery of legal fees associated with the case of tortious interference. As such, the prosecution and the defense of a tortious interference claim can be expensive. Damage claims will require additional expert testimony, which will further raise litigation costs.

A breach of contract action may be settled, which does not necessarily affect recovery on a tortious interference claim related to the same business agreement. As such, a plaintiff may not add recovery for tortious interference with an additional claim for conspiracy to breach a contract.

Damages and Remedies in Florida

If a tortious interference claim is successful, damages typically include compensation for:

  • Lost profits directly caused by the interference.
  • Loss of goodwill or business reputation where measurable.
  • Costs associated with replacing lost business opportunities.

Unlike some other tort claims, punitive damages are rare in tortious interference cases unless the defendant’s conduct was particularly malicious or fraudulent. Florida courts generally limit recovery to economic losses and require credible financial analysis or expert testimony to establish the damages

Frequently Asked Questions

1. What is tortious interference under Florida law?

Tortious interference occurs when a third party intentionally disrupts an existing or prospective business relationship, causing measurable harm.

2. How long do I have to file a tortious interference claim in Florida?

Florida has a four-year statute of limitations. The clock starts when the last element of the claim occurs.

3. What’s the difference between contractual and advantageous business relationships?

A contractual relationship is based on a written or oral agreement. An advantageous relationship is a business expectancy, such as an ongoing customer relationship, that can reasonably be identified.

4. Can lawful competition be considered tortious interference?

No. Florida law protects fair competition. To be actionable, interference must involve wrongful conduct, such as fraud, coercion, or intentional sabotage.

5. What damages can I recover if I win a claim?

Successful plaintiffs may recover economic damages such as lost profits, loss of business, and reputational harm, but not typically attorney’s fees.

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