What are the steps involved in starting a non-profit organization in Florida, and what legal implications should be considered?

To start a non-profit organization in Florida, the following steps must be taken:

1. Develop a mission statement: The first step in establishing a non-profit organization is to develop a clear mission statement. A mission statement outlines the overall purpose and goals of the organization, and it serves as a guide throughout the rest of the process.

2. Select a name: The organization must select a name that is not already in use by another entity in the state of Florida, and the name must include the word "corporation," "incorporated," "company," or "limited."

3. File articles of incorporation: The next step is to file articles of incorporation with the Florida Department of State. The articles of incorporation must include basic information about the organization, such as its name, mission statement, and location.

4. Draft bylaws: The organization must draft bylaws that outline the structure and procedures of the organization. Bylaws dictate how the organization will be governed and managed and often include provisions about membership, board of directors, meetings, and voting.

5. Apply for tax-exempt status: After the organization has been incorporated, it can apply for tax-exempt status with the Internal Revenue Service (IRS). This involves filing Form 1023, which is an application for recognition of exemption from federal income taxes.

6. Register with the state: Non-profit organizations in Florida must register with the Florida Department of Agriculture and Consumer Services before soliciting donations.

Legal implications to be considered when starting a non-profit organization in Florida include:

1. Tax exemptions: Non-profit organizations are exempt from federal income taxes and may also be exempt from state and local taxes, depending on the activities they engage in.

2. Fundraising restrictions: Non-profit organizations must adhere to strict regulations regarding fundraising, including registration requirements and disclosure requirements.

3. Governance requirements: Non-profit organizations must have a board of directors and must follow certain governance requirements.

4. Compliance with state and federal laws: Non-profit organizations must comply with all applicable state and federal laws, including tax laws, employment laws, and nonprofit corporation laws.

5. Liability: Non-profit organizations can be held liable for actions taken by their members or employees. It is important to carefully manage risk and obtain insurance to protect the organization from liability.

Potential limitations or exceptions to this advice include:

1. The specific requirements for starting a non-profit organization may vary depending on the type of organization and its mission.

2. Additional state and federal regulations may apply depending on the activities the organization engages in.

3. Legal advice from a licensed attorney may be necessary to fully understand the legal implications of starting a non-profit organization in Florida.

Suggested further action:

1. It is recommended to seek legal advice from a licensed attorney before starting a non-profit organization in Florida to fully understand the legal implications and requirements.

2. Non-profit organizations should also consult with an accountant or tax professional to ensure they are properly managing their finances and complying with tax laws.

3. Non-profit organizations should also ensure they have adequate insurance coverage to protect themselves from liability.