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Florist wants Supreme Court to take up tax decision

in Statewide/Top Headlines by

A Florida-based florist is asking the nation’s highest court to review a state Supreme Court sales-tax decision.

American Business USA Corp. filed its petition with the U.S. Supreme Court last month, dockets show.

The state’s Department of Revenue was due to file a response next Monday but the deadline has now been moved to Jan. 12.

The state’s high court had ruled that Florida can impose a sales tax on the web-based florist for flowers sold to out-of-state customers and delivered outside of Florida.

The court overturned an appeals court decision that said the Department of Revenue couldn’t collect taxes from the company’s out-of-state sales.

Because the Palm Beach County-based business has a physical presence in the state and does business within Florida, that’s enough of a tie to the state to make all its sales taxable – regardless if they originated outside of Florida.

The company has argued it shouldn’t be responsible for sales tax on orders from out-of-state customers for flowers that were grown and delivered outside of Florida.

Background from The Associated Press, reprinted with permission. 

Before joining Florida Politics, journalist and attorney James Rosica was state government reporter for The Tampa Tribune. He attended journalism school in Washington, D.C., working at dailies and weekly papers in Philadelphia after graduation. Rosica joined the Tallahassee Democrat in 1997, later moving to the courts beat, where he reported on the 2000 presidential recount. In 2005, Rosica left journalism to attend law school in Philadelphia, afterwards working part time for a public-interest law firm. Returning to writing, he covered three legislative sessions in Tallahassee for The Associated Press, before joining the Tribune’s re-opened Tallahassee bureau in 2013. He can be reached at

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