How to Start a Nonprofit in Florida
Welcome to our Florida Nonprofit Startup Guide! If you’re passionate about helping others and have an idea to serve your community, starting a nonprofit is a great way to turn your vision into a reality. There are many different types of nonprofits - religious, educational, human service oriented, animal welfare, and more. What all nonprofits have in common is a focus on helping others and benefiting their community. You are genuinely committed to these goals so you are already well on your way!
According to the National Center for Charitable Statistics, there were over 70,000 nonprofit organizations in Florida in 2012. Before you start a new nonprofit, make sure you have identified an unmet need in your community and know that there are not any existing organizations serving your cause. If another organization exists, consider working together, as that may be a better way to make an impact in your community and use existing resources.
When you are ready to start your nonprofit, plan to incorporate and apply for 501(c)(3) status, as these are important steps to fully achieve your goals. As a 501(c)(3) nonprofit, you will be able to apply for grants and accept donations, be exempt from federal corporate income tax, and limit the liability of your organization’s officers and directors. Most importantly, you will gain credibility and legitimacy for your cause, instilling the public with confidence in your organization.
This guide will walk you through the basic steps to start your nonprofit in Florida. Let’s get started!
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Name Your Organization
Your organization’s name establishes its brand and is also important for incorporating with the state. The legal name of your nonprofit corporation may not conflict with any other organization registered in the state. Make sure the name is available and meets state requirements.
Name Search: Florida Department of State - Division of Corporations
Name searchSuffix: Must contain the word “corporation” or “incorporated” or the abbreviation “corp.” or “inc.” or words or abbreviations of like import in language, as will clearly indicate that it is a corporation instead of a natural person, unincorporated association, or partnership. The name of the corporation may not contain the word “company” or its abbreviation “co.” 2016 FS §617.0401
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Recruit Incorporators and Initial Directors
The incorporator is the person who signs the Articles of Incorporation for your nonprofit. You will need at least one, but can have more than one. Directors make up the governing body of your nonprofit corporation and are stakeholders in your organization’s purpose and success. You’ll want to identify three, unrelated individuals to meet IRS requirements. You will also want to be aware of any age or residency requirements.
Florida director requirements: - Number: minimum 3
- Qualifications: Natural person 18 years of age or older. One director may be 15 years of age or older if permitted by board of directors or bylaws. No residency requirement. No membership requirement.
- Term: 1 year
- Quorum: majority
- Committee: minimum 2 directors
Florida officer requirements: - Defined in articles or bylaws. One officer prepares minutes of the directors' and members' meetings and authenticates records of the corporation.
- Elected by board
- Term: 1 year
- Two or more offices may be held by the same individual.
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Appoint a Registered Agent
A registered agent is responsible for receiving legal notices on behalf of your organization. The appointed registered agent must be physically located in the state and maintain an office that is open during regular business hours. As a nationwide registered agent, our service is designed to receive your legal documents and provide secure access to those documents through your online account. Our local Florida registered agent office is located in St. Petersburg, FL. We offer registered agent service independently or as part of our nonprofit formation packages.
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Prepare and File Articles of Incorporation
Your nonprofit’s articles of incorporation officially mark the creation of your organization. They document where and when the organization was formed and capture other information necessary to verify its existence. While requirements for language vary from state-to-state, there are some basic provisions that the IRS will look for when you apply for 501(c)(3) exemption. It is important to customize the articles for your organization and make sure you meet the state and IRS requirements. Meeting these requirements from the start will help avoid having to make amendments later or risk getting your 501(c)(3) application rejected. Some states will also require you to publish your articles of incorporation, so be mindful of any deadlines and publishing instructions.
Agency: Florida Department of State - Division of Corporations Form: Filing method: Mail or online
Agency fee: $35 filing fee + $35 designation of registered agent fee = $70 state fee
Turnaround: ~1-3 days online. ~8-17 days by mail
Law: 2013 Florida Statues - Chapter 617: Corporations Not For Profit
Original Ink: Not required Notarize: Not required Notes: Provide the state-prescribed cover letter, the original, and a copy to file by mail.
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Obtain an Employer Identification Number (EIN)
This unique, nine-digit number is assigned by the IRS to identify your nonprofit. All types of nonprofits will apply for an EIN, not only those that hire employees. You will use your EIN to open a bank account, apply for 501(c)(3) status, and submit 990 returns to the IRS.
Agency: Internal Revenue Service (IRS) Form: Filing method: Mail, phone, fax, or online.
Agency fee: $0
Turnaround: Immediately online or by phone. 4 business days by fax. 4-5 weeks by mail.
Original Ink: Not required Notarize: Not required Notes: The IRS website is only available during certain hours. Print your EIN before closing your session. For additional guidance, see IRS Pub 1635: Understanding Your EIN.
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Store Nonprofit Records
As you launch your nonprofit, you will receive a number of official documents. Organizing these documents in one place will save you headaches down the road. You will soon have numerous items to keep in your records including your EIN letter, bylaws, meeting minutes, 501(c)(3) determination letter, and more. Consider purchasing a Nonprofit Records Kit that makes it easy to keep track of documents.
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Establish Initial Governing Documents and Policies
Your bylaws are the governing document for your nonprofit. They serve as your organization’s operating manual and should be consistent with your articles of incorporation and the law. When your Board of Directors meets for the first time, you’ll review and ratify the bylaws and they will be a roadmap for governance from there.
At the same time, you’ll also want to create and adopt a conflict of interest policy. A conflict of interest is when someone in a key position in your nonprofit has competing interests and is making choices that could benefit themselves to the harm of the organization. Personal interests should be set aside and organizational interests prioritized. If a conflict of interest does arise, it should be disclosed immediately.
Your application to the IRS for 501(c)(3) exemption will require that both the bylaws and the conflict of interest policy are approved and adopted. Once they’ve been adopted, safely store them in your Nonprofit Records Kit.
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Hold Organizational Meeting of the Board of Directors
The initial organizational meeting of your Board of Directors will be incredibly productive. At this meeting you will approve the bylaws, adopt the conflict of interest policy, elect directors, appoint officers, and approve resolutions such as opening the organization’s bank account. Important decisions are being made so be sure to record them in the meeting minutes.
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Get Florida State Tax Identification Numbers/Accounts
Florida offers a consolidated state tax registration application.
Submit to: Florida Department of Revenue
http://dor.myflorida.com/dor/Form: Form DR-1: Florida Business Tax Application Guidance: Florida Department of Revenue - Start-up Kit for New Business Owners Filing Method: Mail or online Fee: $0 + $5 for sales tax registration (if applicable) -
Apply for 501(c)
Applying for 501(c) tax exemption can feel like the most daunting step in bringing your nonprofit dream into reality, but obtaining tax exemption comes with many benefits. You will be able to apply for grants and grow your fundraising success in addition to being exempt from IRS income tax. 501(c) is the chapter of the Internal Revenue Code that regulates nonprofit organizations. Like others, you may be most familiar with 501(c)(3) nonprofits, including charities and foundations. 501(c)(3) nonprofits apply using Form 1023 or Form 1023-EZ. Review the criteria for each application and make sure you meet the eligibility requirements set out by the IRS. Other types of nonprofits, including 501(c)(4)s and 501(c)(6)s, apply using Form 1024. After reviewing and approving your application, the IRS will return a Determination Letter officially recognizing your exemption.
Completing the federal application for tax exemption is significantly easier with the assistance and support of a professional. Find someone with the expertise to ensure the correct application is being used and is completed accurately. A well-prepared application takes time, over 100 hours by IRS estimates, so put yourself on the path to success by finding a specialist to walk alongside you in the journey - from start to tax-exempt finish!
Agency: Internal Revenue Service (IRS) Form: Instructions: IRS Instructions for Form 1023, IRS Instructions for Form 1023-EZ, or IRS Instructions for Form 1024. Also see guidance IRS Pub 557: Tax-Exempt Status for Your Organization.
Filing method: Mail
Agency fee: $275 for organizations filing Form 1023-EZ and $600 for organizations filing Form 1023.
Turnaround: 1023-EZ average: <1 month. 1023 average: 3-6 months.
Original Ink: Not required Notarize: Not required 
Tax-Exempt in 2 Weeks!
Download the case study of how our client, Reform It Now, obtained 501(c)(3) tax exemption in only two weeks using the new IRS Form 1023-EZ!
From filing the 1023EZ on August 1st to receipt of the determination letter on August 14th is, in my humble opinion, simply breathtaking and I dare say, ONLY Harbor Compliance could have achieved that.
Dr. Bob A.Reform It Now, Inc. -
Apply for State Tax Exemption(s)
With your IRS Determination Letter in hand, make sure you familiarize yourself with your state’s requirements for recognizing your nonprofit’s tax-exempt status. This is an area where requirements vary state-by-state. Many states issue their own tax-exempt certificate that can be used for sales and use tax purposes, but it may require application and periodic renewal.
To file to obtain exemption from state income tax:
To file to obtain Sales Tax Exemption:
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Register for Charitable Solicitation (Fundraising)
This is another area where laws differ from state to state, but most states require any nonprofit soliciting donations to register to do so on an annual basis. This means registering in the state prior to soliciting any resident of that state. Registering in your home state in essential, but you may also need to register other states depending on the scope of your organization.
Florida Charitable Organizations/Sponsors Registration
Agency: Florida Department of Agriculture and Consumer Services - Division of Consumer Services Legal Notes: Florida Statutes § 496.402 et seq.
One-Time Exemption Registration
Exemption Eligible Organizations: - Religious organizations
- Educational organizations
- Membership organizations
- Political groups
- Appeals for individuals
- Federally chartered veteran's organizations
Original Ink: Not required Notarize: Not required Notes: Organizations must email the state to receive an exemption, but no registration is required.
Registration to Obtain Exemption
Exemption Eligible Organizations: Charities with less than $25,000 in total revenue during the preceding fiscal year and no professional solicitors
Form: Agency fee: $0
Original Ink: Not required Notarize: Not required Exemption Renewal
Exemption Eligible Organizations: Charities with less than $25,000 in total revenue during the preceding fiscal year and no professional solicitors
Form: Agency fee: $0
Due: Annually by the date of initial registration.
Original Ink: Not required Notarize: Not required Initial Registration
Form: Charitable Organizations / Sponsors Registration Application
Filing method: Mail or online
Agency fee: $10-400, depending on contributions received during the prior fiscal year ($0 if exempt)
Original Ink: Not required Notarize: Not required Notes: - Carefully ensure you include all required attachments
- Notarized signature of the CFO or treasurer is required.
- Nonprofits who will solicit at Florida highway rest stops must obtain permission from their local Department of Transportation Maintenance Unit. Use Form #850-040-70, Permit Application for Public Use of Rest Areas, Wayside Parks and Solicitation on State Highways. Start by identifying local maintenance units at the Florida Department of Transportation Office of Maintenance.
- Some Florida counties and municipalities may require charities that solicit in-person to register prior to fundraising.
Registration Renewal
Form: The state will mail you your renewal form.
Filing method: Mail or Online
Agency fee: $10-400, depending on contributions received during the prior fiscal year
Due: Your license must be renewed annually between your intial registration date and 60 days prior.
Original Ink: Not required Notarize: Not required Notes: - Carefully ensure you include all required attachments, including yoru annual financial report.
Change of Fiscal Year
Agency fee: $0
Turnaround: 1-2 business days
Original Ink: Not required Notarize: Not required Notes: Email the state to inform them of the change.
To fundraise nationally or online, please see our Fundraising Compliance Guide. Our services manage your initial, renewal, and exemption filings in every state.
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Obtain Other Business Licenses & Permits
Running your nonprofit corporation legally also means securing all applicable licenses and permits. The range of local, state, and federal requirements is wide. Access resources like the Small Business Administration Business License & Permit look-up tool and search by your business type and locality.
Florida often requires a business or occupational license, which is a local business tax receipt issued yearly by the county government. Most but not all counties in Florida require that you register your new business with them. Check with your local tax collector's office to see what the requirements are http://dor.myflorida.com/dor/property/taxcollectors.html
In Florida, bingos, raffles, and other charitable games are regulated by 2012 Florida Statutes - Chapter 849: Gambling. Gambling and gaming in Florida is complex- oversight varies based on the game and location where it is held. Also review and abide by county and municipal regulations - for example, a Pinellas County bingo license comes with a 3-part application and $355 fee.
You’ve made it! You turned your passion into a legitimate nonprofit corporation exempt under IRS 501(c) and are benefiting your community. That solid foundation on which you built your organization requires ongoing maintenance. Investing in maintaining compliance with all of the government agencies is an ongoing responsibility and commitment needed to ensure your vision continues long into the future. Check out our compliance guide to learn more!
Once you have registered your nonprofit per the steps listed above, you will need to maintain compliance with all of the government agencies. Staying current with the IRS and state requirements is an ongoing responsibility. Continue reading our Florida nonprofit compliance guide to learn more!
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Fast Facts
Below is an overview of the paperwork, cost, and time to start an Florida nonprofit.
Paperwork
- Form CR2E006: Florida Nonprofit Articles of Incorporation
- Bylaws
- IRS Form SS-4: Obtain an EIN
- IRS Form 1023: 501(c) Tax Exempt Application
- IRS Determination Letter
- Form DR-1: Florida Business Tax Application
- Form DR-5: Florida Application for Consumer's Certificate of Exemption
- URS Charitable Registration, if applicable
- Form FDACS-10100: Solicitation of Contributions Registration Application, or Form FDACS-10110: Exempt Charitable Organizations/Sponsors Application.
Cost
- Incorporation: $70
- 501(c): $275 or $600 IRS fee
- Florida sales tax license: $5, if applicable
- Florida Charitable registration: $10-$400 ($0 if exempt)
Time
- Incorporation: ~1-3 days online. ~8-17 days by mail.
- 501(c): 2 weeks to 3 months
