Form a Nonprofit in Florida
Everything you need to know about forming a Nonprofit in Florida. Filing fees, requirements, timeline, and step-by-step guidance.
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How to File
Choose and Reserve Your Nonprofit Name
Search the Florida Division of Corporations database (Sunbiz.org) to ensure your desired name is available and not already in use. The name must include a corporate designator such as 'Inc.', 'Incorporated', or 'Corporation' and must be distinguishable from existing entities registered in Florida.
30 minutes
Appoint a Registered Agent
Designate a registered agent who has a physical street address in Florida (P.O. boxes are not acceptable) and is available during normal business hours to receive legal and official documents. The registered agent can be an individual Florida resident or a business entity authorized to operate in Florida.
1-2 hours
Appoint Initial Directors
Florida nonprofit corporations must have at least one director on the board. Identify the initial board of directors, as their names and addresses are required for the Articles of Incorporation filing, and they will govern the organization until the first member meeting.
1-2 hours
Draft and File Articles of Incorporation
Prepare and file the Articles of Incorporation with the Florida Division of Corporations, which must include the nonprofit's name, principal office address, registered agent information, the names and addresses of initial directors, and a statement of purpose. File online at Sunbiz.org or by mail along with the $70 filing fee.
1-2 hours
What's Next After Filing
Once your Nonprofit is officially formed, you'll want to complete these important steps:
- •Create Bylaws and Hold an Organizational Meeting — Draft bylaws that govern how your nonprofit will operate, covering meeting procedures, officer roles, voting rights, and conflict of interest policies. Hold an organizational meeting of the initial board of directors to formally adopt the bylaws, elect officers, and address any other startup business.
- •Obtain an EIN and Apply for Federal Tax-Exempt Status — Apply for a free Employer Identification Number (EIN) from the IRS at IRS.gov, then file IRS Form 1023 (or 1023-EZ for smaller organizations) to apply for 501(c)(3) federal tax-exempt status, which is required before soliciting charitable donations and for receiving tax-deductible contributions.
- •Register for Florida Charitable Solicitation and Obtain Licenses — If your nonprofit intends to solicit donations from the public in Florida, register with the Florida Department of Agriculture and Consumer Services (FDACS) under the Solicitation of Contributions Act before fundraising. Additionally, obtain any required local business licenses or permits depending on your activities and county.
Advantages
- ✓Eligibility for federal 501(c)(3) tax-exempt status, meaning the organization pays no federal income tax on revenue related to its exempt purpose
- ✓Donations made to a 501(c)(3) nonprofit are tax-deductible for donors, which significantly aids fundraising efforts and attracts more contributors
- ✓Florida nonprofits are exempt from Florida corporate income tax and can qualify for Florida sales tax exemption on purchases used for exempt purposes
- ✓Limited liability protection for directors, officers, and members, shielding personal assets from the organization's debts and legal liabilities
- ✓Eligibility to apply for government grants, foundation grants, and other funding sources that are exclusively available to recognized nonprofit organizations
Considerations
- •Prohibition on private inurement means no profits or assets can be distributed to directors, officers, or members, restricting financial benefit to founders
- •Significant administrative burden including IRS 990 filings, annual state reports, charitable solicitation renewals, board governance requirements, and ongoing compliance with both state and federal regulations
- •The process of obtaining IRS 501(c)(3) determination can take several months and involves substantial paperwork and filing fees, delaying full operational capacity
Annual Obligations
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