News & Analysis as of

Commercial Leases Florida

Roetzel & Andress

Say Goodbye to State Sales Tax on Commercial Rent and License Fees

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New Florida legislation will have a significant impact on the commercial real estate market. Florida House Bill 7031 (“HB 7031”) will become effective October 1, 2025, repealing the state sales tax on commercial rent and...more

Burr & Forman

Florida to Eliminate Sales Tax on Most Commercial Rent Starting October 1, 2025

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Starting October 1, 2025, Florida will officially end the state sales tax and any local surtaxes on commercial property rent. After that date, sales tax will no longer apply to rent for office buildings, retail spaces,...more

Lowndes

Florida Repeals Sales Tax on Commercial Leases: 5 Things to Know Now

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Following our recent update on Florida’s repeal of sales tax on commercial real estate leases, we’re taking a closer look at what this change means for landlords, tenants, brokers, and property managers....more

Bilzin Sumberg

HB 7031 – Florida Eliminates State Sales Tax on Commercial Rent

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HB 7031 was adopted by the Florida legislature and signed into law by Governor DeSantis on June 30, 2025. Among other modifications to Florida tax law, the Bill repeals Section 212.031, Florida Statutes, which provided for...more

Lowndes

HB 7031 Repeals “Business Rent Tax” on Commercial Leases

Lowndes on

After years of reducing the sales tax rate on commercial real property lease payments, the Florida Legislature recently passed HB 7031, which eliminates sales tax on commercial real property rentals....more

Burr & Forman

Important Update: Florida Sales Tax Reduction on Commercial Leases

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As of June 1, 2024, the State of Florida reduced the state sales tax rate on commercial real property lease payments from 4.5% to 2%. All commercial leases with an occupancy period that started on or after June 1, 2024 will...more

Akerman LLP

Miami-Dade County Adopts Ordinance Enacting Disclosure Requirements for Sellers/Lessors of Properties Containing Grease Traps

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All sellers or lessors of properties containing Fats, Oils, and Grease (FOG) generators, as defined in section 24-5(113) of the Code of Miami-Dade County (Code), are now required to disclose, at the time of conveyance or...more

DarrowEverett LLP

What Florida Sales Tax Cut Means for Florida Commercial Tenants

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Broadly speaking, according to the Florida Department of Revenue, each Florida sale, amusement park admission, storage unit and rental is taxable (unless it falls under an exemption, such as nonprofits). More specifically,...more

Lowndes

New Law Further Reduces Florida’s Sales Tax Rate on Commercial Rent

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Effective June 1, 2024, the State of Florida’s sales tax rate on commercial real property lease payments (including base rent and additional rent) will be reduced from 4.5% to 2.0% for payments received for occupancy periods...more

Lowndes

Real Estate Tax Considerations for Landlords and Tenants

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It is customary for landlords to require their tenants to pay real estate taxes attributable to the landlord’s property being leased, along with other common area expenses like maintenance, insurance and the like. When there...more

Lowndes

Protect Yourself Against Tenant Construction Liens in Florida

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If you are a commercial landlord in Florida, you may inadvertently be subjecting your land and building to liens by contractors who perform work for your tenants. With the recent economic downturn, many commercial buildings...more

Shutts & Bowen LLP

Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies

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Have you ever heard the strange term “pith of the lease”?  This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.” ...more

Lowndes

New Law Reduces Florida’s Sales Tax Rate on Commercial Rent

Lowndes on

Effective December 1, 2023, the State of Florida’s sales tax rate on commercial real property lease payments (including base rent and additional rent) will be reduced from 5.5% to 4.5% for payments received for occupancy...more

Shumaker, Loop & Kendrick, LLP

DBPR Increases Association Estoppel Certificate Fees

The Florida Department of Business and Professional Regulation (DBPR) released the first five-year adjustment to Estoppel Certificate Fees permitted under Section 718.116(8)(f), Florida Statutes, of the Condominium Act and...more

Lowndes

If It Walks Like a Lease, Talks Like a Lease: Leases vs. Licenses

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There is a common misperception among landlords that licenses are more appropriate for smaller space even though the occupant is being granted exclusive use for a set period of time. As a result, you will often see documents...more

Lowndes

Property Buyer Beware: Avoid Costly Tax Liabilities with a Sales Tax Clearance Letter

Lowndes on

Florida imposes sales tax on rent payable under commercial leases. The rate imposed by the state is 5.5%, but local governments have the right to impose a surtax which varies based on the jurisdiction....more

Lowndes

New Florida Law Expected to Significantly Reduce Florida’s Commercial Lease Sales Tax Rate

Lowndes on

On April 19, 2021, Florida Governor Ron DeSantis signed into law Senate Bill 50 (SB 50), which amends portions of Chapter 212, Florida Statutes. SB 50 is slated to significantly reduce Florida’s commercial leasing sales tax...more

Lowndes

Hillsborough County Commercial Lease Sales Tax Rate Reduced by Recent Florida Supreme Court Decision

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A recent Florida Supreme Court decision found that the Hillsborough County 1% transportation sales surtax is unconstitutional. As a result, the decision reduced the sales tax rate on commercial lease payments in Hillsborough...more

Shutts & Bowen LLP

How to Do Business with Ports in Florida

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Florida is home to a number of seaports which enlace the Florida peninsula: Port Canaveral, Port Everglades, Port of Fernandina, Port of Fort Pierce, Port of Jacksonville (JAXPORT), Port of Key West, Port Manatee, Port of...more

Shutts & Bowen LLP

Court takes hard line on late rent payment into court registry during COVID-19

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Under a particular Florida statute, in a commercial eviction, where there is a court order requiring the tenant to pay rent into the court registry during the lawsuit and the tenant fails to pay, the tenant is considered to...more

Fox Rothschild LLP

Update: Florida Again Extends Ban On Certain Evictions, This Time Through August 1

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On June 30, 2020, shortly before the ban was due to expire, Florida Gov. Ron DeSantis again extended Executive Order 20-94, which restricts certain real estate evictions, this time through Aug. 1, 2020. Executive Order...more

Bilzin Sumberg

Decrease in Florida Sales Tax on Commercial Rent

Bilzin Sumberg on

Effective as of January 1, 2020, the Florida state sales tax rate applicable to the lease of commercial real property has decreased from 5.7% to 5.5%.  Therefore, the state will levy a 5.5% sales tax on all rent collected...more

Shutts & Bowen LLP

My Dog Ate My Lease Renewal Notice

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If a tenant wants to renew its lease and fails to send the landlord written notice on time of its intent to renew, is the tenant out of luck? ...more

Butler Weihmuller Katz Craig LLP

Know Your Lease: Florida's 3rd District Revisits Subrogation In The Context Of Landlord/Tenant Leases

Historically, a tenant who pays towards its landlord’s insurance premiums, pursuant to the terms of the lease, is generally considered a “co-insured” under the landlord’s policy. See Lumber Mutual Insurance Co. v. Zoltek...more

Shutts & Bowen LLP

Accelerated rent and traps for the unwary landlord

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Commercial leases often give the landlord the right to accelerate rent through the end of the lease term when the tenant defaults. Acceleration clauses do not usually cause too much controversy in litigation, but there is...more

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