What is the process for establishing a non-profit organization in Florida, and what steps should I take to ensure that I am in compliance with state and federal laws?

To establish a non-profit organization in Florida, follow these steps:

1. Choose a name for your non-profit organization:

   The name you choose must be unique and distinguishable from all other registered business names in the state of Florida. You can check the Secretary of State’s website to see if your desired name is available.

2. Draft Articles of Incorporation:

   Articles of Incorporation must be filed with the Florida Secretary of State to create a non-profit corporation. The articles must include certain information such as the name of the corporation, its purpose, and the name and address of the registered agent. You can find sample articles of incorporation on the Florida Division of Corporations’ website.

3. Obtain an Employer Identification Number (EIN):

   An EIN is a unique nine-digit number assigned by the Internal Revenue Service (IRS) to identify your non-profit organization. You can apply for an EIN online through the IRS website.

4. Apply for tax-exempt status:

   To qualify for federal tax-exempt status, you must file Form 1023 or Form 1023-EZ with the IRS within 27 months of incorporating. State tax exemption may also be available in Florida. Contact the Florida Department of Revenue for more information.

5. Draft bylaws:

   Bylaws are a set of rules that govern how the non-profit organization will operate. Bylaws should include provisions such as the officers and their duties, meeting procedures, and voting requirements. You can find sample bylaws on the Florida Department of State's website.

6. Register with the Florida Department of Agriculture and Consumer Services:

   If your non-profit organization solicits contributions from the public, you must register with the Florida Department of Agriculture and Consumer Services. This registration includes an annual renewal fee.

7. File annual reports:

   Non-profit corporations in Florida must file annual reports to the Secretary of State by May 1 of each year. The annual report must include the names and addresses of the officers and directors.

To ensure compliance with state and federal laws, you should consult with a licensed attorney experienced in non-profit law. Additionally, be aware of potential limitations or exceptions to the advice given, such as the particular laws that apply to certain types of non-profit organizations. Following these steps will help establish a non-profit organization, but additional legal advice may be necessary based on your specific situation.