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What are the steps for setting up a non-profit organization in Florida, and what legal requirements should be followed?

Picture of Chris Battis By   ·  1 minute read

To set up a non-profit organization in Florida, there are several steps and legal requirements that should be followed.

  1. Choose a name: Select a unique name for the organization that complies with Florida’s rules on business names. Check that the name is not already in use and reserve the name with the Florida Division of Corporations.
  2. Obtain Tax ID number: Request an Employer Identification Number (EIN) from the IRS for your non-profit. This number is necessary for opening bank accounts, collecting donations, and hiring employees.
  3. Create organizational documents: Prepare and file with the state of Florida Articles of Incorporation, Bylaws, a Conflict of Interest Policy, and other necessary documents. The Bylaws should lay out the organization's purpose, how it will function, and how it will be managed. The Conflict of Interest Policy provides a framework for identifying and preventing conflicts of interest.
  4. Register with the state: Register the non-profit organization with the Florida Division of Corporations. This may also include registering with the Florida Department of Agriculture and Consumer Services for solicitation and fundraising purposes.
  5. Apply for tax-exempt status: File Form 1023 or Form 1023-EZ with the IRS to apply for tax-exempt status. For smaller nonprofits, the latter of these two may be used. This process can be complex and time-consuming, so it may be helpful to seek assistance from a licensed attorney experienced in this area.
  6. Maintain compliance: Once established, stay compliant with all legal requirements by filing annual reports with the Florida Division of Corporations and tax returns with the IRS. Your non-profit organization should also comply with any local laws and regulations.

It is important to understand that there may be additional requirements to meet depending on the specific purpose and activities of the non-profit, as well as the size of the organization. As such, it is recommended to seek guidance from a licensed attorney or accountant to ensure that all legal requirements are met.