Libertarian Party of Florida, Inc.

2023 Constitution

As Amended at LPF Annual Business Meeting on April 22, 2023

with Technical & Conforming changes adopted on December 27, 2023

ARTICLE I Name & Object 

Section 1. The name of this organization shall be the Libertarian Party of Florida, Inc., 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 and for LPF members in matters of statewide political action.

Section 3. The purpose of the LPF is to implement and to give voice to the principles embodied in the Statement of Principles currently adopted by the LPF by:

  1. Supporting candidates for national office, recruiting and supporting candidates for state and Congressional offices, and aiding local affiliates upon request.
  2. Promoting, chartering, and coordinating county affiliate parties within the State of Florida. 
  3. Entering into political information activities, including the promoting and securing of party members. 

ARTICLE II Membership 

Section 1. LPF membership is open to any LPF registered voter who signs the pledge: “I certify that I oppose the initiation of force to achieve political or social goals” and asks to be a member of the LPF.  Present members who signed a previous LPF membership pledge retain their membership and eligibility. Ineligibility under this article shall immediately terminate LPF membership and LPF membership request.

 

Section 2. Members of the party have the right to participate in party business without any monetary encumbrance imposed by the party.

Section 3. No change in the Bylaws or Standing Rules may have the effect of disenfranchising a member. 

Section 4. Members of the LPF are entitled to attend the annual business meeting of any affiliate in whose jurisdiction they reside, to vote in all regular and special elections at any affiliate meeting for all the elected positions in whose jurisdiction they reside including officers and other positions elected at-large, and to vote on the adoption and/or replacement of and any amendments to the governing documents including the Constitution and Bylaws of any affiliate in whose jurisdiction they reside.

 

Section 5. The members of the party shall have, in all elections of the party and its affiliates, the right to select None of the Above (hereinafter referred to as NOTA) on the ballot, as defined in the Bylaws of the Libertarian Party.

Section 6. Members of the party have the right to attend their state and county affiliate executive committee meetings except during executive session.

Section 7. Members of the party have the right to address the executive committees of the county in which they reside and of the state of Florida on their own initiative for 3 minutes on any topic during a regularly scheduled meeting.  Those executive committees retain a right to require a 5 business day notice to schedule the speaking time.

Section 8. No change in the Bylaws or Standing Rules shall deny the autonomy of an individual member or an affiliate party, except as provided in the Constitution.

Section 9. The enumeration in this Constitution, of certain rights, shall not be construed to deny or disparage other rights retained by the members, and in all cases the powers of the party are limited to those prescribed in the statutes of the state of Florida and the governing documents of the LPF.

Section 10. Certain rights and privileges of membership, including delegate status, committee appointments and observation of committee meetings, holding LPF state or affiliate party office, exercise of voting rights in the conduct of any Libertarian Party of Florida business, and the right to bring business before the Annual Business Meeting, shall be available only to LPF members who are registered LPF voters in the state of Florida and shall not be available to members and officers of any other political party. Persons ineligible for such rights and privileges may participate in discussion on items of business brought before the membership, subject to the discretion of the Chair or by a two-thirds (⅔) majority vote of the body.

Section 11. Any elected or appointed offices, seats, LPF committee memberships or positions held shall be immediately forfeited upon termination of membership.

ARTICLE III Officers and Executive Committee 

Section 1. The Officers of the LPF shall be a Chair, a Vice-Chair, a Secretary, and a Treasurer.

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 Bylaws. The powers and duties of the Executive Committee shall be prescribed to provide the control and management of all the affairs, properties, and funds of the LPF consistent with this Constitution. Additional duties may be prescribed in the Bylaws and Standing Rules.

Section 3. Executive Committee Elections

  1. A. The Chair, Vice-Chair, and odd-numbered Directors At-Large shall be regularly elected in odd-numbered years. The Secretary, Treasurer, and even-numbered Directors At-Large shall be regularly elected in even-numbered years.
  2. B. All offices and seats vacant at any point during an Annual Business Meeting or for which the current member was not elected to that office or seat at its previous regularly scheduled election shall also be elected at that Annual Business Meeting.
  3. A Deputy Secretary may be elected under the same conditions and procedures as the Secretary. In the event the Secretary office becomes vacant, the Deputy Secretary shall immediately assume the office and not be subject to a confirmation vote. 

 

  1. A Deputy Treasurer may be selected by the same procedure as the Treasurer. The Chair and Vice-Chair may not be elected Deputy Treasurer.  If there is a vacancy at Treasurer, the Deputy Treasurer shall immediately assume the office and not be subject to a confirmation vote. A Deputy Treasurer shall not serve concurrently on the LPF Audit Committee, and shall be ineligible for proxy in meetings of the Executive Committee, unless selected by the Treasurer.

 

  1. Regional Representatives for each region shall be regularly elected at each Annual Business Meeting by a majority of delegates present that reside in the region.  Any LPF member may be elected to any Regional Representative seat regardless of region of residence.
  2. Each LPF region may select up to two (2) Alternate Regional Representatives elected using the same procedure at the Regional Representative. The first alternate selected shall be the higher ranked of the two alternate(s). When a Regional Representative seat is vacant, the highest-ranked remaining and willing Alternate Regional Representative for that seat shall automatically assume the seat without requiring a vote.
  3. No person may concurrently hold more than one Executive Committee seat, alternate seat, deputy position, or any other position described in this section. Election or appointment to any seat or position described in this section shall constitute automatic resignation from that person’s current position if any.
  4. Individuals elected or appointed to any position described in this section shall assume that position immediately if the position is currently vacant and at the final adjournment of the Annual Business Meeting during which they were selected otherwise and shall serve until the final adjournment of the next Annual Business Meeting during which their position is regularly elected.

Section 4. Executive Committee Vacancies

  1. Every LPF Executive Committee office and seat shall be deemed vacant following the rules provided in Florida law for political party office vacancies. In addition to those rules, unexcused absence from three regular Executive Committee meetings since the most recent Annual Business Meeting shall be considered a vacancy. 
  2. The officers shall be ranked, in order, as follows: the Chair, the Vice-Chair, the Secretary, and the Treasurer. The highest ranked remaining officer shall preside over the LPF and its meetings. If all officer seats are vacant, each Director At-Large in order of their seat number shall preside. If all offices and Directors At-Large are vacant, the Regional Representatives shall elect a chair pro-tempore from their ranks to fill offices as described below.
  3. The presiding officer shall appoint a qualified and willing LPF member to temporarily fill any vacant Executive Committee seat until the next election for that seat. The appointee shall be vested immediately with the duties and powers of the office or seat. The LPF shall notify the Florida Department of Elections of this change in the filing certificate within five (5) days to satisfy the requirements of Florida Law.
  4. Should any seat become vacant with no willing Deputy or Alternate available to assume the seat, the Executive Committee shall conduct a special election for the seat at the next Executive Committee meeting for which the agenda is not already published if it is prior to the next Annual Business Meeting.
  5. Any member elected or appointed to serve on the Executive Committee or other LPF committee shall be a member of the LPF, and shall, upon request, show proof of registration with the State of Florida to vote in the LPF.

Section 5. Executive Committee Duties 

  1. All Executive Committee members are corporate directors of the LPF and shall, along with other duties assumed by them, serve in a fiduciary capacity.  Among these responsibilities, Executive Committee members shall, as is timely, offer such necessary and conforming motions and points of order to ensure that the LPF adheres to law, and where not in conflict with the law, its own rules.  The Directors At-Large have a primary obligation of fiduciary duty in this regard.
  2. The Chair shall be the head of the LPF, presiding over all meetings of the party, convention, and Executive Committee. The Chair is the official spokesperson for the LPF, subject to the dictates of the constituted authorities of the Executive Committee and Convention. 
  3. 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. 
  4. 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, Bylaws and Standing Rules, and shall make provision for legal service to the LPF. The Secretary of the LPF shall also serve as a member of the Membership Committee, and shall be responsible for maintaining party membership records.

 

The Secretary shall keep the Deputy Secretary apprised in all aspects of the position to act in the event of absence or incapacity by the Secretary. The Secretary may delegate certain tasks and responsibilities of the office to the Deputy Secretary as deemed necessary and appropriate by the Secretary. The Deputy Secretary may serve as the proxy for the Secretary and may serve in lieu of the Secretary for any duration of absence during an executive committee meeting. The Secretary or Deputy Secretary sworn to an executive session may not be replaced during that executive session. 

  1. 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. 

 

The Treasurer shall keep the Deputy Treasurer apprised in all aspects of the position to act in the event of absence or incapacity by the Treasurer. The Treasurer may delegate certain tasks and responsibilities of the office to the Deputy Treasurer as deemed necessary and appropriate by the Treasurer. Because there is personal liability, any time the Deputy Treasurer acts on behalf of the Treasurer they shall be considered ‘acting treasurer’ and subject and liable to the bookkeeping standards of the LPF and all applicable state and federal laws and regulations.

 

  1. The Regional Representatives shall be responsible for forming lawful county affiliates in their defined region and their county of residence, communicating and coordinating between the affiliates in their defined region and the LPF, and reporting monthly to the LPF Executive Committee. 

The Regional Representative shall keep their Alternate Regional Representative(s) apprised in all aspects of the position to act in event of absence or incapacity by the Regional Representative.  The Regional Representative may delegate to the Alternate Representative certain tasks and responsibilities of the office as deemed necessary and appropriate by the Regional Representative.

  1. The Alternate Regional Representatives shall assist their Regional Representative in duties tasked to them, and shall serve as proxy for their Regional Representative in Executive Committee meetings if present and the Regional Representative is absent.
  2. Executive Committee members shall present a written monthly report to the Executive Committee describing the performance of their duties. All such written reports shall be accessible to all LPF members.

Section 6. Meetings of the Executive Committee 

  1. The Executive Committee shall meet as prescribed in the Standing Rules. 
  2. A quorum of the Executive Committee, shall be a majority of its seated members.
  3. Notice of all Executive Committee Meetings including location and call-in or webinar information will be published on the LPF’s public and functioning website at least fourteen (14) days in advance to allow general membership attendance.

 

  1. The Executive Committee shall make readily available to all members all records of the party including the current Constitution, Bylaws, Standing Rules, meeting minutes, agendas and financial reports.
  2. The Executive Committee shall publish on the LPF’s public and functioning website the full text of all motions being considered for an electronic vote without meeting as prescribed in the Bylaws and Standing Rules. 
  3. Special meetings of the Executive Committee may be called by the Chair or two-thirds (⅔) of the Executive Committee at any time, provided the purpose of the meeting, time, date and contact information is published on the LPF’s public and functioning website at least twenty-four (24) hours in advance. No business outside the scope of or inconsistent with the publicly notified purpose for the meeting shall be acted upon at the special meeting.

ARTICLE IV Affiliates

Section 1. Any organization of LPF voters in a Florida county with no current LPF affiliated county political party executive committee (henceforth county affiliate) may petition to become a county affiliate of the LPF following the new affiliate organizational process prescribed in the Bylaws.

  1. A new county affiliate petition is approved by a majority vote of the Executive Committee or of the delegates at the Annual Business Meeting provided that it meets all conditions of affiliation prescribed by the LPF Constitution and Bylaws.
  2. Once a new county affiliate petition is approved, the county shall be considered the official LPF county political party executive committee for all applicable purposes under state law. No other petitions for county affiliates in that county shall be considered so long as the approved county affiliate remains affiliated.

Section 2: Every affiliate shall submit an annual affirmation of reaffiliation to the LPF Secretary if the affiliate was affiliated at any point during the preceding calendar year.

  1. The affirmation of reaffiliation must meet all requirements prescribed in the LPF Constitution and Bylaws to be considered timely and sufficient.
  2. Any affiliate that fails to submit timely and sufficient reaffiliation as determined by the LPF Secretary shall automatically be disaffiliated at the adjournment of the next LPF Executive Committee regular business meeting after the deadline if no other action is taken by the LPF Executive Committee.
  3. The LPF Executive Committee can grant by a two-thirds (⅔) vote one extension to the reaffiliation deadline until the next Executive Committee regular business meeting for an affiliate to correct deficiencies in reaffiliation.
  4. The LPF Executive Committee can accept reaffiliation incorrectly determined to be deficient by the LPF Secretary by a two-thirds (⅔) vote at the next meeting following the reaffiliation deadline so long as the affiliate followed all reaffiliation requirements prescribed in the LPF Constitution and Bylaws.

Section 3:  The autonomy of any affiliate shall not be abridged by the LPF Executive Committee, any other committee or agent of the LPF, or any other affiliate except as explicitly provided in the LPF Constitution and Bylaws.

Section 4. Affiliates can be disaffiliated for violating any conditions of affiliation prescribed in the LPF Constitution or Bylaws by a two-thirds (⅔) vote of the Executive Committee or a two-thirds (⅔) vote of LPF delegates at the Annual Business Meeting. The executive committee of the affiliate being considered for disaffiliation shall have the right to speak for up to thirty (30) minutes on behalf of their affiliate prior to any disaffiliation vote.

 

Section 5. Upon disaffiliation, the former affiliate’s chair, treasurer, and executive committee members shall return all assets owned by the affiliate and all assets owned by or leased from the LPF. These assets shall be provided to the LPF Executive Committee within four (4) weeks of the final notice of disaffiliation to be held in escrow for the next future affiliate in that jurisdiction. Assets to be provided include but are not limited to:

  • Web content, web services, email accounts and services, document and file storage, social media accounts, domain names, and any other cloud services owned by the affiliate
  • Administrative account access and credentials for all accounts and services owned by the affiliate
  • Materials, equipment, and property owned by the affiliate
  • Data, records, warranties, and transaction receipts for the affiliate 
  • Checking, savings, and monetary assets held in the affiliate’s name

 

Section 6. No member of any disaffiliated organization shall continue to use the Libertarian Party or Libertarian Party of Florida name, associated brands, and electronic credentials and systems except to communicate that the organization has ceased operation as an LPF affiliate or to complete returning assets to the LPF. 

ARTICLE V Conventions & Meetings  

Section 1. The LPF shall hold an annual convention in accordance with the provisions of the Bylaws and Standing Rules. 

Section 2. The conduct of the business and meetings of the Executive Committee shall be prescribed in the Bylaws and Standing Rules.

Section 3. Qualified and willing LPF members shall be selected as delegates to the Libertarian National Committee Business Meeting at the immediately prior LPF Annual Business Meeting. The qualifications and procedures for selecting national delegates and filling vacancies in national delegate seats shall be prescribed in the Bylaws and Standing Rules. 

ARTICLE VI 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, Bylaws, and Standing Rules. 

ARTICLE VII Parliamentary Authority 

The rules contained in the current edition of Robert's Rules of Order, Newly Revised (RONR) shall govern the LPF in all cases to which they are applicable and in which they are not inconsistent with other rules adopted by the LPF.

ARTICLE VIII Adoption & Amendments 

Section 1. This Constitution shall be adopted when approved by two-thirds (⅔) of the delegates of the 1974 Convention. 

Section 2. Amendments to the Constitution may be made in the following manner: 

  1. Amendments must be published on the LPF’s official, public, and functioning website for notification of all members in good standing, thirty (30) days prior to the Annual Business Meeting and passed by two-thirds (⅔) of the members present at that meeting. 

 

  1. 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 (¾) of the county affiliates.
  2. C. Technical and conforming changes as outlined in RONR may be proposed by the Rules Committee and adopted by a three-fourths (¾) vote of the Executive Committee.

Section 3. If any term of this Constitution or any subordinate document is to any extent illegal, invalid, or incapable of being enforced, such term shall be excluded to the extent of such illegality, invalidity, or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible the illegal, invalid, or unenforceable term shall be deemed replaced by a term stated or implied by the adopted parliamentary authority that is legal, valid, and enforceable and that comes closest to expressing the intention of such illegal, invalid, or unenforceable term. 

Section 4. The LPF Bylaws shall be subordinate to this Constitution. The parliamentary authority adopted by the LPF Constitution or Bylaws shall be subordinate to the LPF Bylaws. The LPF Standing Rules shall be subordinate to the adopted parliamentary authority. Any other rule or procedure shall be subordinate to the LPF Standing Rules. In any conflict between these documents, the conflicting term from the subordinate document shall be deemed unenforceable. 

Article IX Endorsement of Candidates 

Section 1. Candidates shall be eligible for endorsement as official LPF candidates if they are members of the LPF, have registered as LPF candidates with the Florida Division of Elections, and meet all requirements of the office to which they seek election.

Section 2. The LPF Executive Committee shall be the sole authority to endorse statewide candidates for public office.  No later than the date on which qualifying for public office begins, the LPF EC shall provide a written notification of its intent to endorse a candidate or candidates to the Secretary of State.  Failure to adhere to this section shall preclude the LPF from making any endorsement.

Section 3. The Executive Committee shall make party nominations for political office when required by law, and shall elect by a majority vote a replacement candidate to fill any vacancy in the event of a death or other disqualification by the candidate.

Section 4. County affiliates may endorse LPF candidates for public office as prescribed in statute and in this Constitution.  Endorsement of candidates shall require a majority vote of the county executive committee at a properly noticed regular business meeting.  No later than the date on which qualifying for public office begins, the chair of each county affiliate shall notify in writing the supervisor of elections of the county in which the affiliate is recognized whether the county executive committee has endorsed or intends to endorse, certify, screen, or otherwise recommend candidates for nomination.

A copy of such notification shall be provided by the county executive committee to the Florida Secretary of State and to the chair of the LPF executive committee.  Failure to provide these notifications in a timely manner shall preclude the affiliate from making any endorsement.  Notification of intent to endorse statutorily precludes the distribution of any party assessment fee to the county affiliate.