Florida Libertarian News & Info

THE CONSTITUTION AND BY-LAWS OF THE LIBERTARIAN PARTY OF FLORIDA
(Current as of 5/25/97)

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THE CONSTITUTION

ARTICLE I -- Name and Object
Section 1. The name of this organization shall be the Libertarian Party of Florida, hereinafter referred to as the LPF.

Section 2. The object and purpose of the LPF is to engage in political action in the State of Florida, to serve as an affiliate organization of the Libertarian Party in national politics, and to serve as a nucleus for designated county affiliate organizations in matters of state-wide political action.

Section 3. The purpose of the LPF is to implement and give voice to the principles embodied in the Statement of Principles currently adopted by the LPF by:
A. Supporting candidates for national office, nominating and supporting candidates for state and congressional district offices, and aiding local affiliates upon request.
B. Promoting, chartering and coordinating county affiliate parties within the State of Florida.
C. Entering into political information activities, including the promoting and securing of party members.

ARTICLE II -- Membership
Section 1. LPF membership is open to whomever signs the pledge: "I hereby certify that I do not believe in or advocate the initiation of force as a means of achieving political or social goals."

Section 2. Matters pertaining to membership classification shall be prescribed in the Standing Rules.

Section 3. Affiliate organizations which choose to become affiliated parties of the LPF shall apply for official designation on a standard petition form for County Affiliates, as adopted by the Executive Committee and subject to the By-Laws and Standing Rules.

Section 4. No change in the By-Laws or Standing Rules may have the effect of imposing a head tax on the membership.

Section 5. No change in the By-Laws or Standing Rules may have the effect of disenfrancishing a member.

Section 6. No change in the By-Laws or Standing Rules shall deny the autonomy of an individual member or an affiliate party, except as provided in the Constitution.

ARTICLE III -- Officers, Executive Committee and Standing Committees

Section 1. The Officers of the LPF shall be a Chairperson, a Vice Chairperson, a Secretary, and a Treasurer. The duties and election of the Officers shall be specified in the By-Laws.

Section 2. The Executive Committee shall be composed of the Officers, three (3) Directors-at-Large, one (1) Regional Representative for each region elected at the Annual Business Meeting within the provision of the By-Laws.
The powers and duties of the Executive Committee shall be prescribed in the By-Laws and Standing Rules, to provide the control and management of all the affairs, properties, and funds of the LPF consistent with this Constitution. Deficit spending shall be prohibited. (Last sentence added at the Annual Business Meeting, 6-4-94)

Section 3. Standing Committees
A. Standing Committees of the LPF shall include the following: 1. Rules Committee 2. Nominating Committee 3. Platform Committee 4. Electoral Victory Committee 5. Membership Committee
B. Committees and Committee Chairs shall be appointed by the Chair of the LPF with the approval of the Executive Committee unless otherwise provided in the Constitution. Actions of all Committees shall be reported to the Executive Committee.

Section 4. Rules Committee. The Rules Committee will be composed of the Chair, Secretary and three (3) other members of the party not on the Executive Committee, one of whom shall be appointed annually by the Chair to serve a three-year term. The appointed members with the longest tenure on the Committee shall chair the Committee. The Rules Committee shall be responsible for interpreting the Constitution and upon order of the Executive Committee shall prepare and submit amendments to the Constitution and By-laws for a vote by the membership at the Annual Business Meeting.

Section 5. Nominating Committee The Nominating Committee shall consist of five (5) members, elected at the Annual Business Meeting from diverse regions of the state. Vacancies on this committee occurring after the Annual Business Meeting may be filled by the Chair with the approval of the Executive Committee. The Nominating Committee shall perform its duties according to Article IV, Section 4C of the By-Laws.

Section 6. Platform Committee. The Platform Committee shall be nominated by the Chair of the LPF with the advice and consent of the Executive Committee and contain such members as can work together to present the document at the Annual Business Meeting. It shall perform its duties to present a document as outlined in Article V.

Section 7. Electoral Victory Committee. The Electoral Victory Committee is appointed to serve as the Nominating Committee for Candidates for Political Office. The Electoral Victory Committee is directed to implement Political Candidate Endorsement procedures as may be outlined in the Standing Rules.

Section 8. Membership Committee. The Membership Committee shall be appointed by the Executive Committee and shall consist of at least five (5) members of the LPF with the majority NOT being members of the Executive Committee. The Committee shall include the Membership Secretary for the party, and shall oversee the activities of the Membership Secretary, giving assistance where needed. The principle duties of the Membership Committee shall be responsibility for increasing the membership in the LPF and for increasing the LP voter registration.
The Membership Committee is also responsible for recruiting members both for the Affiliate and for the LPF. The Membership Secretary shall be responsible for maintaining party membership records and/or sending out dues notices on a timely basis to those members whose dues are about to lapse.

ARTICLE IV -- Conventions and Meetings
Section 1. The LPF shall hold an annual convention in accordance with the provisions of the By-Laws and Standing Rules.
Section 2. The conduct of the business and meetings of the Executive Committee shall be prescribed in the By-Laws and Standing Rules.

ARTICLE V -- Statement of Principles, Platform & Nominations
The Statement of Principles of the Libertarian Party is hereby ratified. The LPF may develop a Statement of Principles consistent with the Libertarian Party's as a preamble to the Platform developed by the Convention, and as prescribed by this Constitution, By-Laws, and Standing Rules.

ARTICLE VI -- Adoption, Amendments

Section 1. This Constitution shall be adopted when approved by two-thirds of the delegates of the 1974 Convention.

Section 2. Amendments to the Constitution may be made in the following manner:
A. Amendments must be published among the Executive Committee, the County Affiliates and all members in good standing, thirty (30) days prior to the Annual Business Meeting and passed by two-thirds of the members present at that meeting.
B. Upon establishment of affiliates in each county in Florida, a proposed Amendment can be accepted by a three-fourths vote of the Executive Committee and ratified by three-fourths of the county affiliates.

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THE BY-LAWS

ARTICLE I -- Objects and Purposes
Section 1. The LPF shall not initiate any political action in a county affiliate's political domain.
Section 2. A county affiliate may request political information and action from the LPF.
Section 3. The autonomy of an affiliate party shall not be abridged by the LPF Executive Committee, or other officer, committee or agent of the LPF --except as provided in the Constitution and By-Laws.

ARTICLE II -- Membership
Section 1. The privileges and duties of membership and delegate authority shall be prescribed in the Standing Rules.

Section 2. Membership classifications, privileges, duties and dues structures shall be provided in the Standing Rules.

Section 3. County affiliated parties shall be required to ratify the Constitution and By-Laws of the LPF along with a standard petition form adopted by the Executive Committee, subject to all specifications in the Standing Rules.

Section 4. Suspension of county affiliated parties shall be reserved to the Executive Committee. The Executive Committee shall have the power to suspend affiliate status from any organization by two-thirds vote. Such notification of suspension is subject to a written appeal within thirty (30) days of the notification of suspension. Failure to appeal shall be interpreted as an act of secession by the affiliate. The suspension shall not be made within a period of six (6) months subsequent to an Annual Business Meeting.

Section 5. The affiliate may appeal to the next Annual Business Meeting for reinstatement.

Section 6. Suspension of officers or membership shall be conducted under the rules of suspension for affiliates as outlined in Sections Four (4) and Five (5) of this Article.

ARTICLE III -- Executive Committee
Section 1. The officers and members of the Executive Committee shall be elected at the Annual Business Meeting by the delegate assembly majority vote for a period of one (1) year. They shall take office upon the close of the Annual Business Meeting and serve thereafter until the final adjournment of the next Annual Business Meeting.
A. No offices shall be combined.
B. The Executive Committee shall fill vacancies by appointment.
C. The LPF should be notified within seven (7) days of the resignation of an Officer or member of the Executive Committee.
D. No member of the Executive Committee or Standing Committees shall serve unless and until proof and maintenance of registration to vote as Libertarians in the State of Florida has been demonstrated to the Executive Committee.
Section 2. Duties
A. The Chair shall be the head of the LPF, presiding over all meetings of the party, convention, and Executive Committee. The Chairperson is the official spokesperson for the LPF, subject to the dictates of the constituted authorities of the Executive Committee and Convention.
B. The Vice-Chair shall serve as presiding officer in the absence of the Chair; shall be responsible for the committee work of the LPF; shall represent the committees at executive sessions; and shall serve as ex officio member of all committees.
C. The Secretary shall serve as recorder for all meetings of the party, conventions, and Executive Committee. The Secretary shall be the custodian of the minutes of all meetings, correspondence, committee reports, and the Constitution, By-Laws and Standing Rules, and shall make provision for legal service to the LPF.
D. The Treasurer shall be custodian of all funds, receiving and disposing of the funds at the discretion of the Executive Committee and subject to the Standing rules.
Section 3. Meetings of the Executive Committee
A. The powers and duties of the Executive Committee are prescribed by the Constitution, By-Laws and Standing Rules, and by the direction of the party at the Annual Business Meeting.
B. The Executive Committee shall meet as prescribed in the Standing Rules.
C. A quorum of the Executive Committee shall be eight (8) members of the Committee.

ARTICLE IV -- Meetings and Conventions, Objects of Action
Section 1. Agenda
A. The Executive Committee shall set the agenda and business of the LPF Annual Business Meetings and conventions.
B. The order of business must include the adoption of agenda. The meeting may amend the agenda by majority vote.
Section 2. Delegates
A. Delegates shall be members as prescribed in ARTICLE II of the Constitution. Delegates must have been a member of the LPF and a registered Libertarian voter in Florida for at least 60 days prior to the Annual Business Meeting. The officers of the Annual Business Meeting shall be the officers of the Party.
B. Each delegate must have signed the Libertarian Party of Florida Candidate Oath Form.
C. Credentials: Each affiliate chair shall be responsible for submitting a list of delegates from his/her county to the Secretary of the LPF at least 45 days prior to the start of the general business meeting of the convention. Each Regional Representative of the LPF shall be responsible for submitting a list of delegates from each unaffiliated county in his/her region, to the Secretary of the LPF at least 45 days prior to the start of the general business meeting of the convention. Individual members may submit their own names to the Secretary of the LPF. The Secretary of the LPF, or his/her authorized representatives, shall be responsible for verifying the membership and voter registration requirements of each delegate.
Section 3. Parliamentary Authority
Robert's Rules of Order as most recently revised shall be the parliamentary authority for all matters not covered by the Constitution, By-Laws and Standing Rules.
Section 4. Annual Conventions:
A. The Executive Committee shall appoint the committees and host affiliate at least ninety (90) days before the date of the annual convention.
B. The committees shall report recommendations to the floor of the convention at the Annual Business Meeting in accordance with the Standing Rules.
C. The Nominating Committee shall compile the nomination applications for delegates to the National Convention and state officers and Executive Committee. It shall present these candidates to the membership at the Annual Business Meeting without recommendation. Nominations from the floor may be made to amend this report.
D. The Platform Committee shall make recommendations for the platform and Statement of Principles.
E. The Rules Committee shall be the deliberative body in matters of dispute and its decisions may be appealed to the Executive Committee or the members at the Annual Business Meeting in assembly according to the Standing Rules.
F. The host affiliate shall serve as the Convention Committee and make all arrangements for the physical needs of the convention. Party meetings may also be hosted by affiliates.
G. The Chairperson or the Executive Committee may appoint such committees as are deemed necessary to conduct the business of the LPF and its meetings.
Section 5. Finance and Accounting
A. The fiscal year of the LPF shall begin on July 1 of each year.
B. The Treasurer shall be the chief finance officer.
C. The Executive Committee shall cause an efficient system of accounting and budgeting to be installed and maintained, including audit and legal necessities. All expenditures exceeding $25.00 shall be made by check.
D. The party checking account must be set up to require two signatures per check, one being that of the Treasurer, the other being that of the Party Chairperson with the following exception: There must be three (3) authorized signatures on the checking account. Two would be the Party Chairperson and the Treasurer. The other designated signature would be required when a check is issued to a signer, the other two persons so authorized will sign these checks.
E. The Executive Committee shall have the power to delegate power in the handling of funds.
F. It is essential for any growing organization to have good accounting practices. Be it resolved that the following items be established as requirements for expenditure of Party funds.
1. All expenditures of more than $50.00 will be handled by the issuance of a purchase order which must be signed by the Chairman and the Treasurer.
2. Each Executive Committee member or Committee Chairman shall submit an expense report each month to the Chairman for approval prior to being reimbursed by the Treasurer. Such a report shall list dates, items purchased, reasons and shall be accompanied by receipts. These reports shall include only minor operating expenses unless prior authorization was given by the Executive Committee.
3. No purchase shall be made or authorized by the LPF unless there are sufficient funds to recompense.
4. No one shall have the authority to contract for goods or services on behalf of the LPF without prior written approval of the Executive Committee or a purchase order.
5. It shall be the intent of the LPF to conduct its business affairs in a fair and honorable fashion.

ARTICLE V -- Adoption and Amendments
Section 1. Adoption of the By-Laws will be consistent with the adoption of the Constitution.
Section 2. Amendments may be made in the following manner:
A. When a proposed amendment is accepted by the Rules Committee and ratified by more than 50% of the affiliated Parties, or
B. When a proposed amendment is presented by the Rules Committee or from the floor at the Annual Business Meeting and is approved by a majority vote of the delegates.

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THE STANDING RULES
ARTICLE I -- Membership
Section 1. The LPF shall supervise the efforts to provide party registration under state and federal voting laws.
Section 2. Members registered for the meetings have the privilege of delegate voting at the annual Annual Business Meeting, the right of appointment to committees, the right to attend committee meetings as observers or witnesses, the right to nomination and election to party office, and the right to nomination to an office for which they are qualified by law.
Section 3. Membership shall be issued annually. This membership shall be credentials for all meetings and Annual Business Meetings of the LPF and for membership in local affiliates, subject to procedures adopted by the county affiliates.
Section 4. All General ($0), Associate ($10), and Student ($15) members are required to have a signed pledge card on file with the Secretary. All members having sixty (60) days tenure may vote at the State Annual Business Meeting. Associate members and above are entitled to the "Florida Liberty" newsletter. Effective July 1, 1996, the LPF adopts the Unified Membership with, and the fee schedule of, the National Libertarian Party, for those categories above student membership.

ARTICLE II -- Fees and Donations
Section 1. The membership fee may be set or changed by the general membership.
Section 2. Donations should be made to the LPF in keeping with the laws governing donations to political parties and candidates. Such funds shall be expended at the discretion of the Executive Committee.

ARTICLE III -- County Affiliates
Section 1. Any county may call an organizational meeting to affiliate with the LPF.
Section 2. The Constitution and By-Laws of the LPF must be approved by a majority vote.
Section 3. An application for affiliation must be signed by the elected officers and filed with the LPF Secretary.
Section 4. Any additional By-Laws or Standing Rules adopted by the county affiliate shall be filed with the LPF secretary.
Section 5. The petition to affiliate should list members of the LPF paying dues.
Section 6. No county affiliate shall endorse a candidate for state-wide office who has opposition by a candidate endorsed or nominated by the LPF.
Section 7. The county affiliate may petition the LPF or its officers or committees on any political matter.

ARTICLE IV -- Election of Officers, Directors, Candidates
Section 1. All candidates for office and political office may be asked to confirm certain basic principles before the convention. This may be delegated to the Nominating Committee for candidates for party office (including Delegates to the National Convention of the Libertarian Party and Presidential Electors) and to the Electoral Victory Committee for Candidates for political office, and includes confirming that they are members of the State Party and registered to vote in the state as Libertarians.
Section 2. All candidates for officers, directors, and political office shall file intention forms with the nominating committee or with the secretary as nominated from the floor. These will be provided by the committee.
Section 3. Such forms should be on file before the Executive Committee names a person to fill the vacancy.
Section 4. Candidates nominated must be able to serve if elected.
Section 5. Delegates and Alternates to the National Convention of the Libertarian Party, not otherwise elected at an LPF convention, may be designated by a majority vote of those members of the LPF Executive Committee in attendance at the National Convention.

ARTICLE V -- Executive Committee Meetings
Section 1. The Executive Committee shall meet at such time and place as directed by the Chairperson, or at the written request of one-third or more of the Executive Committee, or by the written request of a county affiliate. Notice shall be given in such manner to insure a quorum.
Section 2. The Executive Committee may without meeting, conduct business by communication, voting on questions put to them by or with the approval of the Chairperson. Such vote shall be kept by the Secretary until the next meeting and then such vote shall be incorporated in the minutes. A majority vote of the committee shall prevail. If a majority of affirmative votes is not recorded within fifteen (15) days, the question will have failed to pass.
Section 3. Proxy voting shall not be allowed, but members can vote on specific questions by written notice. Voting by telephone can be conducted if no objection is raised.
Section 4. The Executive Committee, after review with the affiliate concerned, may, by a two-thirds vote, suspend the affiliation of a county party, a member of the party, or an officer or director of the Executive Committee.
Section 5. The immediate past Chairperson shall serve on the Executive Committee and be entitled to all due notices, but shall not have the right to vote unless entitled to vote because of election to another Executive committee position.
Section 6. Nonattendance of a member at three (3) meetings per term can be construed by the Executive Committee as resignation of that member and grounds for replacement by the Executive Committee until the next annual meeting of the party.

ARTICLE VI -- Convention Rules
Section 1. A minority report may be made by two members or 10% of the committee on any plank of the platform or changes under the Rules Committee. There shall be a limit of two minority reports on any one of the items. The highest number of votes shall determine the rank of the reports.
Section 2. The Chairperson of the committee shall decide the order of business and the appearance of persons before the committee.

ARTICLE VII -- Statement of Principles, Platform and Policy
Section 1. The Statement of Principles of the party and Platform of the Libertarian Party may be ratified by the LPF.
Section 2. A supplement party platform for Florida politics may be presented to any annual convention.
Section 3. The LPF may adopt resolutions to present to the National Libertarian Party convention.
Section 4. The affiliates reserve the right to adopt local platforms.
Section 5. A vote of two-thirds of the general membership shall be required to veto the Statement of Principles and subject the LPF to suspension from the National Party.
Section 6. A vote of two-thirds of the general membership shall be required before the LPF will not actively support the National platform or candidate.

ARTICLE VIII -- Spokesmanship
Section 1. The Chairperson shall speak for and at the direction of the Executive Committee and the Party.
Section 2. Persons speaking for the LPF shall have the express approval of the Chairperson or reserve their comments to personal comments.
Section 3. Candidates may only publicly label themselves as Libertarian candidates after being nominated by the convention or after receiving conditional approval from the appropriate state or county Executive Committee.

ARTICLE IX -- Annual Convention Agenda
Section 1. The Executive Committee shall manage all conventions.
Section 2. Any members may request the Executive Committee to include on the agenda any item. Such request shall be in writing to the Chairperson thirty (30) days prior to the convention, or within seven (7) days following the announced date and place of the convention, whichever is closest to the convention date.
Section 3. The agenda must include all items required by the By-Laws and Standing Rules.
Section 4. The Rules Committee may establish and publish convention rules to supplement existing requirements and Standing Rules. The Chairperson may exercise this right unless one-third of the delegates object.

ARTICLE X -- Annual Convention Dates
Section 1. The annual convention shall be in the spring, unless the date of the National Convention changes. The Executive Committee can change the date of the Annual Convention and Business Meeting for any specific year in which this occurs.
Section 2. Special meetings of the LPF may be called by the Executive Committee or by two (2) county affiliates, or by twenty-five percent (25%) of the county affiliates, whichever is the largest.

ARTICLE XI -- Annual Convention Delegates and Procedures
Section 1. Motions to be offered in the business meetings should be reduced to writing, signed by the maker and seconded, and filed with the Secretary; except for routine matters, agenda items or short wording, or with leave of the Chairperson to omit written motions.
Section 2. The Annual Meeting Minutes (after approval by the Executive Committee) as well as any Committee reports to the Annual Meeting, including amendments to the Constitution and By-Laws, shall be printed and distributed at the next Annual Meeting.

ARTICLE XII -- Nomination of Political Candidates
Section 1. Nominees for political office must be members of the LPF.
Section 2. Endorsement of political candidates may be made regardless of party affiliation, unless said candidate is opposed by a nominee of the LPF.

ARTICLE XIII -- Amendments To the Standing Rules
Section 1. Adoption of the Standing Rules will be consistent with the adoption of the Constitution.
Section 2. The Standing Rules may be changed by a majority vote of the delegates to the annual convention or by two-thirds vote of the Executive Committee.