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Florida Sales Tax for Online Sellers

1. Definition

Florida sales tax is a state tax applied to the sale of most goods, certain services, and some digital products. For online sellers, this means that if you sell to customers in Florida, you may be required to collect and remit sales tax—even if your business has no physical storefront.

Since the passage of the federal South Dakota v. Wayfair (2018) decision, Florida enacted its own law requiring remote sellers and online marketplaces to collect sales tax if they meet certain thresholds.

2. Florida Legal Context

Florida sales tax rules for online sellers are governed by:

  • Chapter 212, Florida Statutes (Florida Sales and Use Tax Act)
  • Remote Seller & Marketplace Law (effective July 1, 2021) – requires out-of-state sellers and marketplaces to collect sales tax if they have over $100,000 in annual Florida sales.

Key points for online sellers:

  • Florida’s general sales tax rate is 6%, plus applicable county surtaxes.
  • Sellers must register with the Florida Department of Revenue (DOR) before collecting tax.
  • Sales tax must be separately stated on invoices.
  • Certain digital products (like e-books, software, and subscriptions) may be taxable.
  • Failure to collect and remit sales tax can result in penalties, interest, and audits.

3. Real-World Application

Examples of how Florida sales tax applies to online sellers:

  • A Tampa-based online boutique selling clothing to Florida customers must collect 6% sales tax plus county surtax.
  • A Miami e-commerce company selling nationwide must collect Florida sales tax on orders shipped into the state, even if the company has no Florida warehouse.
  • An Orlando software company selling downloadable programs may owe sales tax on digital downloads to Florida residents.

4. Why It Matters for Business Owners

Online sellers often make mistakes with sales tax, leading to unexpected liability years later.

Why it matters:

  • Compliance: Avoid fines and penalties from the Florida DOR.
  • Competitive advantage: Transparent tax collection builds customer trust.
  • Avoiding audits: Accurate filings reduce the risk of disruptive state audits.
  • Cash flow protection: Sales tax belongs to the state—improper handling can create personal liability for owners.

Common mistakes for Florida online sellers:

  • Not registering with the DOR before collecting tax.
  • Assuming out-of-state sellers don’t need to collect Florida sales tax (they do if thresholds are met).
  • Forgetting to apply county surtaxes.
  • Treating sales tax as revenue instead of holding it in trust for the state.

5. Real-World Florida Examples

  • A Sarasota online retailer faced a $50,000 tax bill after failing to register and collect sales tax on Florida shipments.
  • A Jacksonville business avoided penalties by properly registering as a remote seller once sales exceeded $100,000 to Florida customers.
  • A Fort Lauderdale subscription box company reduced audit risk by updating its invoicing system to automatically calculate state and county surtaxes.

6. How Our Law Firm Can Help

At Black Rock Trial Lawyers, we help online sellers stay compliant with Florida sales tax rules. We provide:

  • Guidance on whether your products/services are taxable
  • Registration with the Florida Department of Revenue
  • Structuring your online checkout to properly collect tax
  • Reviewing marketplace agreements (Amazon, Etsy, Shopify, etc.) for tax responsibilities
  • Representing businesses in Florida sales tax audits or disputes
  • Advising on multi-state sales tax obligations for Florida-based companies

We make sure your online business collects tax correctly—and avoids costly mistakes.

7. FAQs (Frequently Asked Questions)

Q: Do all online sellers need to collect Florida sales tax?
A: Yes, if you are based in Florida or ship taxable goods/services to Florida customers. Remote sellers must comply if they exceed $100,000 in annual Florida sales.

Q: What is Florida’s sales tax rate?
A: 6% statewide, plus county surtaxes that range from 0.5% to 2.5%.

Q: Are digital products taxed in Florida?
A: Many digital products (like e-books, software, or subscriptions) are taxable, though exemptions may apply.

Q: What happens if I don’t collect sales tax?
A: You may be held personally liable for the uncollected tax, plus penalties and interest.

Q: Do marketplaces like Amazon or Etsy handle Florida sales tax for me?
A: Often yes. Florida requires marketplace facilitators to collect tax, but you should confirm your platform’s responsibilities.

8. How to Retain Our Law Firm

We offer multiple access points tailored to your needs:

  • Flat-Fee Retainers: Set pricing based on project scope (quoted after your consultation)
  • 1-Hour Strategy Consultations: A high-impact session to assess your issues, answer questions, and develop a legal roadmap. Pricing starts at $500.00.
  • 3-Hour Master Strategy Sessions: A deep dive analysis with detailed, actionable solutions tailored to your business challenges
  • Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program (Read below)

All services are available in-person, by phone, or virtually.

9. Flagship Product: BELAW – Business + Entrepreneurship Law Advisor Program

Our flagship service is the BELAW Membership – Business & Entrepreneurship Law Advisor Program. This is an exclusive, members-only, 12-month ON-DEMAND legal and business support program at a predictable flat monthly fee, tailored to each business client—regardless of company size.

BELAW is open to business owners, entrepreneurs, for-profit companies, non-profits, and foreign investors. Our members range from startups and nonprofits to established businesses.

At the core of BELAW is our P.O.N.C.E. methodology, developed by Attorney Gil Sanchez, to help businesses not just stay protected—but grow strategically.

What you get with BELAW:

  • On demand strategic legal consultations with Attorney Gil Sanchez
  • Document review and compliance audits
  • Guidance on contracts, leasing, employment, and liability
  • Drafting Collection Notices, Cease & Desist Letters and Confidentiality Agreements
  • Proactive legal support to mitigate lawsuits and reduce risk exposure
  • Strategic input on revenue-generating decisions like expansion, licensing, and joint ventures
  • Entrepreneur coaching and a growing library of business education resources
  • Litigation retainer and hourly rate discounts

We’re available when you need us—on demand, without hourly billing.

We make it easy to get started:

  • Call or text us at (813) 254-1777
  • Or fill out the secure contact form below

A member of our team will respond promptly to schedule your consultation.

10. How to Contact Our Law Firm to Retain

We make it easy for you to retain us:

  • Call or text: (813) 254-1777
  • Email: info@blackrocklaw.com
  • Or submit your request using the form below

Our team will promptly follow up to confirm availability and next steps.

11. Who You Are Hiring

When you hire our firm, you’re not just hiring a lawyer — you’re securing the insight, grit, and expertise of Attorney Gil Sanchez.

A proud double Gator, Gil earned both his undergraduate and law degrees from the University of Florida — one of the top public universities in the country. Since 2004, he has built a reputation as a formidable business and trial attorney, successfully trying cases before juries in both Florida state and federal courts.

Gil’s legal practice is deeply informed by real-life experience. He launched his first business at age 13 and has continued to build, lead, and advise companies ever since. He’s a licensed business broker (since 2007), an adjunct professor of entrepreneurship at St. Petersburg College, and a trusted advisor to entrepreneurs, professionals, and business owners across Florida.

He’s also an inventor, author, and public speaker — holding a U.S. utility patent and federal trademark. His invention was featured in TIME Magazine’s Best Inventions of 2023, and his legal insights have appeared on CNN, ABC’s 20/20, and other national platforms. Raised by Colombian parents in West Virginia and fluent in Spanish, Gil brings cultural fluency, resilience, and a fighter’s mindset to every client matter.

Above all, Gil is a devoted family man — happily married and the proud father of three beautiful children. His commitment to family shapes the way he practices law: with empathy, integrity, and a relentless drive to protect what matters most.

At Black Rock Trial Lawyers, you’re not just getting a legal technician — you’re hiring a battle-tested strategist who understands both the courtroom and the real world. That’s who’s fighting for you.

12. The Law Firm’s Geographical Reach

We proudly represent businesses across all counties in Florida. With the power of virtual consultations, online filings, and remote court access, we can support your legal needs anywhere in Florida—without compromising service quality.

Our main office is in South Tampa, Florida, with a satellite office in South Florida – Miramar, Florida.

From Miami to Jacksonville, Pensacola to Key West—Black Rock Trial Lawyers is here to help Florida businesses thrive.

13. Disclaimer

The information provided on this website is for general informational purposes only and is not intended to be, nor should it be construed as, legal advice. Every individual and business matter involves unique facts and circumstances that must be carefully evaluated. Additionally, Florida laws, including statutes and case law, are subject to frequent changes, and the information presented here may not reflect the most current legal developments. For a formal legal opinion or advice specific to your situation, you must consult directly with an attorney at our firm. No attorney-client relationship is formed by viewing this site or by contacting our office through this website.