Nonprofit Startups in Florida

Written By Legal Assistant/ Paralegal

Read Time: 5 minutes

Introduction

Launching a nonprofit in Florida is a rewarding path to channel your mission into meaningful impact. But the process involves a series of legal, regulatory, and administrative steps. In this guide, we walk through how to start a nonprofit in Florida, from choosing a name to maintaining compliance. Starting note if your nonprofit will be a 501(c)(3) meaning it will be used for religious, charitable, educational, scientific or literary purposes. 

Choose a Name & Mission

Every nonprofit begins with purpose. Before you file anything, settle on:

  • A clear mission statement. What social need or needs will you address? Your mission becomes the foundation for your strategic planning, your messaging, and your governing documents.

  • A unique name. Under Florida law, your nonprofit’s name must be distinguishable from existing entities registered with the Florida Division of Corporations.

  • Optional name reservation. Similar to an LLC you can reserve your desired name with the state for up to 120 days (for a fee, typically ~$35) while you prepare your incorporation documents.

  • Domain & branding check. Even though not required by law, check whether the corresponding domain name and social media handles are available, so your organization’s branding is consistent.

Your mission and name should align tightly — the mission guides all your legal documents, messaging to donors, and governance.

File Florida Nonprofit Articles of Incorporation

Once you have your name and mission, the next legal step is to form the nonprofit corporation at the state level.

  • Prepare Articles of Incorporation. In Florida, you’ll file these with the Department of State — Division of Corporations.
     Your Articles should include:

    • The name of the nonprofit

    • The principal and mailing address

    • A statement of purpose (you will want to include the IRS-required language if you plan to seek 501(c)(3) status)

    • A statement limiting activities to those consistent with exempt status

    • A dissolution clause (i.e. what happens to assets if the nonprofit dissolves)

    • Registered agent name and Florida street address which is required to have a nonprofit in Florida


    • Names and addresses of incorporators and sometimes initial directors (if chosen) Florida Department of State+1

  • Start Filing and Pay Fees. Florida charges a filing fee plus a registered agent designation fee. Many sources cite a total of $70 (commonly $35 + $35) for the incorporation/agent fees.

  • Processing Timeline. If you file online, Florida may process your documents in about 10 business days.

  • Certified Copy, Status Certificate. You may request certified copies or a certificate of status for additional minor fees (~$8.75) if needed. 

Note: The state’s boilerplate Articles of Incorporation may not include all the IRS-required language for 501(c)(3). Many organizations modify the standard form to include the required clauses (purpose, limitation of activities, dissolution clause).


Apply for IRS 501(c)(3) Tax-Exempt Status

After incorporation at the state level, your next objective is federal tax exemption.

  • Obtain an Employer Identification Number (EIN). You must apply to the IRS (even if you have no employees) via Form SS-4. 

  • Select and file the correct IRS form. For most charities, you’ll file either:

    • Form 1023 (long form) — used when you expect high revenue or complex structure.

    • Form 1023-EZ (streamlined) — for smaller organizations that meet eligibility requirements.
      The filing fee is $600 for 1023 and $275 for 1023-EZ (as of the latest guidelines).

  • IRS review timeline. Expect a processing window of 6 to 12 months, though simple applications may be faster.


  • Letter of Determination. If approved, you’ll receive a determination letter confirming your 501(c)(3) status.

  • State tax-exempt filings. Once you have the IRS letter, you can apply for certain Florida exemptions, such as a Consumer’s Certificate of Exemption (to avoid sales tax) via Form DR-5, with no fee.

Draft Bylaws & Hold Organizational Meeting

While the state doesn’t require you file bylaws, they are essential for your internal governance and required by the IRS as part of your 501(c)(3) application.

  • Bylaws. These are the rules by which your board and organization will operate. Key elements include:

    • Number and terms of directors

    • Officer roles and duties (President, Secretary, Treasurer, etc.)

    • Meeting procedures (notice, quorum, voting)

    • Conflict of interest policy

    • Amendment procedures

    • Indemnification provisions

    • Dissolution clause (consistent with the Articles)
      Many experts recommend having a lawyer or experienced advisor review your bylaws to ensure compliance with both Florida law and IRS expectations. 


  • Organizational meeting. After your corporation is formed, hold the first meeting of the board of directors or incorporators to:

    • Adopt the bylaws

    • Elect initial officers

    • Approve a conflict of interest policy

    • Set up basic accounts (bank, accounting system)

    • Execute resolutions to apply for EIN, open bank accounts, pursue tax exemption

    • Record minutes of the meeting as part of the corporate records


Register with the Florida Department of Agriculture & Consumer Services (for fundraising)

If your nonprofit intends to solicit donations from the public, Florida law typically requires registration under the Solicitation of Contributions Act.

  • FDACS registration (Form DACS-10100 / 10110). You must file this before soliciting contributions

  • Fee schedule. The initial registration and renewals depend on your prior fiscal year’s contributions, ranging $10 to $400 (some small organizations may be exempt)

  • Annual renewals. You’ll need to renew this registration each year, and disclose information like revenues, expenses, and executive compensation. 

  • Sales tax exemption (optional but common). Once you have your IRS determination, you can file Form DR-5 to request exemption from Florida sales tax — often with no fee.

Ongoing Compliance & Annual Reports

Maintaining good standing for your Florida nonprofit requires regular filing and governance practices.

  • Annual report to the state. Florida nonprofits must file an annual report by May 1 each year. The common fee is $61.25 as of 2024. 

  • IRS Form 990. As a tax-exempt organization, you’ll need to file an annual return (Form 990, 990-EZ, or 990-N depending on your size) by the 15th day of the 5th month after your fiscal year ends.

  • Financial audits / reviews. Florida law requires independent audits under certain thresholds.

    • If annual revenue > $1,000,000, an audit is mandatory.

    • Between $500,000 and $1,000,000, a review or audit may be required. 

  • Governance practices. Ensure you:

    • Hold regular board meetings with minutes

    • Review and monitor conflict of interest policy

    • Keep up-to-date corporate records (bylaws, meeting minutes, financials)

    • Remain within the mission and refrain from prohibited political or lobbying activity beyond allowed limits

    • Monitor unrelated business income (UBIT) exposure

  • Local licenses or permits. Depending on your city or county, you may have to register as a business or nonprofit locally. It’s wise to consult your municipal or county clerk offices.

  • State or federal audits / single audit. If you expend a large amount of federal or state funding (e.g. more than $750,000 in state funds), you may trigger single audit requirements.


FAQ: “How much does it cost to start a nonprofit in Florida?”

Here’s a breakdown of the typical costs you’ll face when starting a nonprofit in Florida (excluding volunteers, rent, or program costs):

Expense Typical Florida Range / Amount

State incorporation + registered agent fee ~$70 (often $35 + $35)

Certified copies, status certificates (optional) ~$8.75 each

IRS 501(c)(3) filing (Form 1023 or 1023-EZ) $600 (standard) or $275 (EZ)

Florida charitable solicitation registration $10 to $400 (based on prior year contributions)

Annual report filing fee ~$61.25

Miscellaneous (filing extras, name reservation, legal review) Variable (e.g. name reserve ~$35, legal fees, etc.)

In many cases, a starting nonprofit in Florida might incur $300–$700 in “hard costs,” before considering legal counsel, accounting, or staff time. If you retain a 501(c)(3) lawyer, you should budget additional legal fees for drafting Articles, bylaws, or reviewing your IRS application. That cost depends heavily on your attorney’s rates, but investing in good legal advice can prevent costly missteps down the road.


Starting a nonprofit in Florida is doable — but attention to detail is critical. If you're ready to turn your mission into reality, consider partnering with experienced legal and nonprofit professionals. Whether you're in Tallahassee or elsewhere, a 501(c)(3) lawyer, can help you tailor your documents to Florida law and strengthen your federal application. Want help drafting your articles, bylaws, or IRS package? Let’s talk — I’ll guide you through every step.



Legal Assistant/ Paralegal
Previous

Step-by-Step Guide to Forming an LLC in Florida
Next

Trademark vs. LLC Name in Florida: What’s the Difference?