Supreme Court of Florida

Florida Department of Revenue, Appellant v. American Business USA Corp., Appellee

May 26, 201641 Fla. L. Weekly Supp. 237

Summary

The Court quashed the district court's decision and upheld the constitutionality of Florida's sales-tax statute as applied to an internet-based florist headquartered in Florida whose out-of-state transactions were arranged from that location. It held that the tax satisfied all four requirements of the dormant Commerce Clause because the business had a substantial Florida nexus, the tax was fairly apportioned, nondiscriminatory, and reasonably related to state-provided services. The Court also concluded that the tax satisfied due process because the company had a physical presence and conducted business in Florida.