Taking care of others is why we are in business. And if you want to give to those less fortunate than you, we can help.

There are a variety of charitable organizations out there today, but without proper guidance you could be doing yourself a disservice by not exploring the most efficient ways to collect donations and provide for others. Whether its a 501(c)(3) or a 501(c)(4), whether for education or religious purposes, this Fort Lauderdale area charitable organization attorney can help you to set up your charity your way.

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In Florida, nonprofit organizations are primarily governed by the Florida Not For Profit Corporation Act, found in Chapter 617 of the Florida Statutes. This law establishes how nonprofits are formed, managed, and dissolved. To legally operate, a nonprofit must file Articles of Incorporation with the Florida Department of State, Division of Corporations, and adopt bylaws that outline its internal governance. Chapter 617 sets rules for directors, officers, and members, including fiduciary duties such as acting in good faith, with due care, and in the best interests of the organization. It also addresses meetings, voting, record keeping, and conflicts of interest to ensure transparency and accountability.

Florida nonprofit organizations are also subject to state and federal tax laws. While a nonprofit may qualify for tax-exempt status, it does not automatically receive it by incorporating. Most Florida nonprofits seeking income tax exemption must apply to the Internal Revenue Service for recognition under section 501(c) of the Internal Revenue Code. At the state level, nonprofits may apply to the Florida Department of Revenue for exemptions from sales and use taxes, but these exemptions are limited and activity-specific. Nonprofits must still comply with employment tax obligations and other applicable taxes unless specifically exempted.

In addition, many Florida nonprofits that solicit donations are regulated under the Solicitation of Contributions Act, located in Chapter 496, Florida Statutes. This law generally requires charitable organizations, sponsors, and professional fundraisers to register with the Florida Department of Agriculture and Consumer Services before soliciting contributions in the state. The statute imposes disclosure requirements, annual renewals, and financial reporting obligations to protect donors from fraud and misuse of funds. Certain organizations may qualify for exemptions, but strict criteria apply.

Finally, Florida nonprofits are subject to oversight and enforcement by the Florida Attorney General, particularly when issues involve misuse of charitable assets, breaches of fiduciary duty, or deceptive practices. Nonprofits must maintain accurate financial records, comply with reporting and filing requirements, and use their assets in furtherance of their stated charitable purpose. Failure to comply with Florida nonprofit laws can result in fines, loss of registration, administrative dissolution, or legal action, making compliance essential for lawful and effective operation.