Do Florida Nonprofits Have To Register With The State Of Florida

Complete Guide about How to Start a Nonprofit in Florida

In 2016, approximately 1.54 one thousand thousand nonprofits were registered with the Internal Revenue Service (IRS). The individuals who started these nonprofit organizations promise to change their communities or even the world. They accept far-reaching goals for others and depression expectations of making money for themselves. Starting a nonprofit tin be rewarding, but the process of setting one up can feel daunting.

Like all states, Florida has its ain laws and regulations that must be followed when forming a new nonprofit corporation. We have created a detailed stride-by-pace guide to follow when starting a nonprofit in Florida. We hope this list helps make embarking on this gamble less disruptive.

How to Start a Nonprofit in Florida in 10 Steps:

Proper name your organization
Name your incorporators and directors
Engage a Registered Agent
File Florida Articles of Incorporation
Use for an Employer Identification Number (EIN)
Establish your nonprofit bylaws
Use for federal and Florida state tax exemptions
Annals for charitable fundraising
Create a nonprofit bank account
Submit an Annual Report

1. Name your organization

The showtime step to start a nonprofit organization in Florida is finding the perfect proper noun. Your proper noun should be memorable and speak to the customs you hope to serve. Information technology is best to involve a few key players in this decision. Find what name works best for your system since this is your calling card to the world.

Once you decide on your name, yous may think you are done. Merely the process of challenge a name is a scrap more complicated than you may wait.

When choosing a legal name for your organization, information technology cannot conflict with any other organization registered in the state. The name also cannot contain words suggesting an amalgamation with authorities agencies or contain the words "company" or "Co."

Your nonprofit will be a corporation in the state of Florida and must include either: corporation, incorporated, Corp, or Inc.

When you accept called your name, visit the Florida Section of State to search their system. If the proper name is available, you tin merits it immediately as your own.

2. Name your incorporators and directors

setup a florida nonprofit corporation

The leadership of your arrangement volition determine your success. The decisions you brand here tin can be long-lasting. As the organisation grows, changing leadership becomes more than hard. Nonprofit leadership is responsible for the arrangement'due south programs, budgets, fundraising, and more. They will likewise have a financial responsibleness to the arrangement. Choosing a team that supports the mission of the organization is crucial in this pace. Finding a team that brings a range of skills and community connections volition also be essential.

You may take many reasons for choosing your incorporators and directors. Just the state of Florida has requirements for these roles equally well.

Choosing an Incorporator

An Incorporator is responsible for setting up the corporation at the beginning. They will sign and deliver the Articles of Incorporation for your nonprofit. The incorporator does not have a leadership office. They are solely the person in accuse of filing and interacting with the state of Florida.

Choosing your Directors

Your Directors volition brand upwardly the governing board of your organization. These directors volition be the last determination-makers and stakeholders. You must country the number of directors your organization will accept in the Articles of Incorporation or your system's bylaws.

The state of Florida requires a nonprofit system to have at least iii directors. These directors must be at to the lowest degree eighteen years onetime and unrelated. One director tin can exist 15 years or older if permitted by the organization'southward bylaws and board of directors. But cannot be counted towards quorum.

There are no residency or membership requirements for directors in Florida. Local nonprofits will not be concerned with this information, simply the lack of a residency requirement is good news for national organizations hoping to base themselves in Florida.

Your board members will set policies, ascertain the arrangement's mission. They will create strategies, and oversee programs and fundraising activities for your arrangement. As the caput of your board, Officers accept boosted responsibilities.

Florida also requires nonprofits to have one officer to set up the minutes of the board of director meetings. This officer will likewise exist responsible for preparing membership meeting minutes if your system has members. Officers will exist elected by the board and have a term limit of ane yr.

3. Appoint a Registered Agent

A registered agent is an individual or business organization that handles your organization'south legal documents. They must be a Florida resident or have an part located in Florida that is open during regular business concern hours.

Florida does allow nonprofits to use a Registered agent service who have an office in the country. These services ship updates to the system to remind them of filing requirements. They can also assistance find accountants, legal professionals, and keep a backup of corporate documents.

4. File Florida Articles of Incorporation

All corporations in Florida must file an Articles of Incorporation. Florida has specific requirements for your Articles of Incorporation.

The Florida Department of State has detailed instructions on how to file your AOI.

As a nonprofit, your Articles of Incorporation must include the following:

Corporation Proper name
Principal Place of Business
Mailing Address
Registered Agent Name and Address
Corporate Purpose

A nonprofit is required to list a specific purpose

Officers/Directors

Well-nigh banks will require this data to exist stated in the Section of Land's records

Manner of Elections

Your answer tin include "as stated past the bylaws" or "elected at the annual meeting."

Effective Date

This is the date the Division of Corporation receives and files your Articles of Incorporation

Incorporator's Signature

Nonprofits tin file their AOI online, and fees can be paid by credit carte. Response time is within ane to 3 days if done online.

A PDF application tin also be found online to fill out and postal service to the Division of Corporations. All checks and coin orders are payable to the Florida Section of Land and drawn from a US bank. Applications sent by mail will have a turnaround time of eight to seventeen days.

Filing fees for your organization's Manufactures of Incorporation are listed below:

Filing Fees: $35
Registered Agent Designation: $35

5. Utilize for an Employer Identification Number (EIN)

An Employer Identification Number or EIN is assigned to your corporation by the IRS. Employ this to hire employees, open up a depository financial institution account, apply for revenue enhancement-exempt condition, and submit tax forms. To apply for your EIN, IRS Grade SS-4 must be filed online or past postal service.

six. Constitute Nonprofit Bylaws

Your bylaws are where you volition declare how and when your Officers and Directors are elected. Bylaws likewise establish how and when your board of directors volition hold meetings. It also lays down what qualifies every bit the quorum in these board meetings. Your arrangement's membership structure, and other organization operations.

Your bylaws will be used to determine your level of accountability and transparency. These will be specially of import when applying for grants, sponsorships, or finding major donors. A well-managed system will have greater success when looking for outside funding.

The IRS does not need whatever specific linguistic communication in your bylaws. Simply in that location are best practices that others have shared to ensure their success. We have written about these all-time practices in our blog. The Florida Clan of Nonprofits too has several samples of bylaws online that may help you create your own.

7. Apply for Federal and Florida State Tax Exemptions

State tax exemption in Florida

Tax-exempt status is a difference between nonprofits and other corporations. Until this step, you lot have filed equally a corporation. This step is essential to creating your nonprofit in the United states and Florida.

How do y'all use for federal tax exemption?

All nonprofits applying for tax-exempt status must request an exemption under Section 501(c) of the Internal Revenue Code – Grade 1023. As of January 31, the IRS requires this class to be filed online at www.pay.gov.

Your tax exemption may take several months for the IRS to procedure, but you can continue land and canton tax-exempt filings while you wait.

In that location are fees for filing for tax-exempt status with the IRS. If your file with Form 1023-EZ, a user fee volition exist $275. If you do not qualify for Form 1023-EZ, your user fee volition exist $600.

How practise you use for state tax exemptions?

Requirements for filing for taxation-exempt condition vary from state to country. In the land of Florida, a nonprofit corporation is automatically exempt from Florida'south corporate income taxation unless it has "unrelated trade or concern income."

All nonprofit organizations that qualify for tax-exempt status with the IRS are likewise exempt from state sales taxes in Florida. A Consumer'due south Certificate of Exemption must exist obtained by your nonprofit to get a sales taxation exemption on items and services used on the arrangement's nonprofit activities. This document is valid for v years.

8. Register for Charitable Fundraising

Now that your arrangement has filed for tax-exempt status with the IRS and the land of Florida, y'all must plan for future fundraising efforts. Your fundraising efforts can be hampered past shoddy preparation in this step.

Requirements for registering equally a charitable foundation are another area where the laws vary from land to state. In Florida, nonprofits must register with the Section of Agronomics and Consumer Services annually before soliciting whatsoever Florida resident.

Filing fees for charitable fundraising are based on your organization'south financial report from the preceding year. Newly formed organizations with no financial history must file a proposed budget. We have provided a Guide to Nonprofit Budgeting which includes a gratuitous template.

9. Create a Nonprofit Bank Account

Like whatever corporation, you will need to offset a separate bank account for your nonprofit organization. All US banks volition require you to accept the following:

A copy of your nonprofit'south Articles of Incorporation
A copy of your nonprofit'southward bylaws
Your nonprofit's EIN

Some banks may ask that you bring a resolution authorizing you to open the account if you have several directors or officers. In the state of Florida, you are required to have at least three directors, so it is best to have this resolution set up.

x. Submit an Annual Report

how to start a nonprofit in florida

At the end of each financial yr, Florida requires nonprofit organizations to file annual reports with the Section of Country. Creating an Annual Report may seem unimportant initially, but it is an essential tool in your fundraising toolbox.

An Annual Report gives your organisation the opportunity to show donors how you accept succeeded in reaching your goals. Since your organization is just starting, this is a unique opportunity to plan for the ideal fundraising year. By breaking downwardly your target marketplace, your fundraising goals, and your team, you tin go a head-offset on plans for donor outreach, volunteer recruitment, and community partnerships.

Now that y'all know the importance of an Annual Report for your fundraising efforts, the state of Florida's requirements will be piece of cake.

What are the Florida state requirements for your Annual Report?

Your arrangement must file online at the Florida Department of Country'southward website by May 1st each yr. Florida requires Annual Reports to include information about your registered agents and your officers' and directors' names and addresses. You must go on this information upward to date and alter the country's records within 60 days of any changes to your board. The filing fee for an almanac written report with the Department of State is $61.25.

Subsequently a successful twelvemonth of fundraising, you will be prepare to file your Annual Report with the state and publish and market place it to potential donors. Nosotros've written a Step by Stride Guide to Writing an Effective Nonprofit Annual Report to aid when you lot are ready.

Conclusion

Although starting a nonprofit can be challenging, just the process of filing paperwork with the land should not concord you back. The state of Florida makes this procedure straightforward and easy to access. Nosotros have laid out the steps in this order to make the process of starting a nonprofit in Florida easier. Many of the steps you accept at the beginning volition assist yous later on in the process.

Starting a nonprofit is more than just filing paperwork. With strong leadership at the helm and a meaningful purpose, an system volition succeed in its operations and fundraising. For further information on starting a nonprofit, visit our other blog mail service on the subject.

FAQs

1. How much does it cost to start a nonprofit in Florida?

To start a nonprofit, Florida'south IRS and state require your arrangement to file several online forms. The following fees are required to file your Articles of Incorporation, utilize for federal and land tax exemptions, apply to solicit donations and file an Annual Report.

Articles of Incorporation
- $35 filing fee
- $35 registered agent fee

Federal & Country Tax Exemptions
- $600 federal revenue enhancement exemption fee or
- $275 federal tax exemption fee (for smaller organizations)

Solicitation of Contributions Registration Awarding. Fees are based on contributions received in the prior fiscal year:
- Less than $5,000 without paid officers: $10
- $25,000 or less, no compensated employees: $10
- $5,000 or more, less than $100,000: $75
- $100,000 or more, less than $200,000: $125
- $200,000 or more, less than $500,000: $200
- $500,000 or more, less than $1,000,000: $300
- $ane,000,000 or more, but less than $10,000,000: $350
- $10,000,000 or more: $400

Almanac Study fee
- $61.25 fee

2. How long does it take to commencement a Florida nonprofit?

If y'all file online, Florida will process your Articles of Incorporation inside 1-3 days. The process for a tax exemption with the IRS tin take several months to process. Other applications will have an immediate response.

iii. Do Florida nonprofits need a Registered Amanuensis?

Yep, Florida requires a nonprofit system to appoint and maintain a registered amanuensis to receive legal notices from the land. Updates must exist filed within 60 days of the modify.

4. Should Florida nonprofits register as a charity?

Yep, Florida requires nonprofits to annals as a charity earlier soliciting whatever donations.

5. How many lath members are required for a nonprofit in Florida?

Florida requires a minimum of three board members upon germination.

half dozen. Tin can an LLC exist a nonprofit in Florida?

A express liability company (LLC) or a Low-Turn a profit LLC can exist as a nonprofit limited liability company if the LLC is completely owned by a single tax-exempt nonprofit organization, and the LLC meets the specific requirements.

Most people detect the procedure of forming an LLC nonprofit likewise complex. Because all of the members (owners) of the LLC nonprofit must also be tax-exempt nonprofit organizations themselves, this does not make sense on most occasions.

vii. What are the mandatory forms for creating a Florida nonprofit?

Register a proper name with the Florida Section of Land
File Florida Articles of Incorporation
Apply for an EIN with the IRS
Establish your nonprofit bylaws
Request exemption of federal revenue enhancement under the 501(c) of the Internal Revenue Code
Obtain a Consumer Document of Exemption
Annals as a charity with the Florida Section of Agriculture and Consumer Services