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AMERICAN BUSINESS v. DEPARTMENT OF REVENUE

No. 4D13-1472.

151 So.3d 67 (2014)

AMERICAN BUSINESS USA CORP., Appellant, v. DEPARTMENT OF REVENUE, Appellee.

District Court of Appeal of Florida, Fourth District.

November 12, 2014.

Attorney(s) appearing for the Case

Michael D. Sloan , David B. Esau , and Dean A. Morande of Carlton Fields, P.A., West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Jeffrey M. Dikman , Senior Assistant Attorney General, and Angela L. Huston , Assistant Attorney General, Tallahassee, for appellee.

The issue presented for our review is whether the State of Florida's tax on the internet sale of flowers, which are ordered by out-of-state customers for out-of-state delivery, violates the commerce clause of the United States Constitution. We find that Florida impermissibly burdened interstate commerce when it taxed out-of-state customers...

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