AMVETS Department of Florida Bylaws

EFFECTIVE October 28, 2018

Table of Contents

Article I Organization Page 3

Article II Officers Page 5

Article III Department Convention and SEC Meetings Page 8

Article IV Convention Elections Page 9

Article V Removing Officers Page 11

Article VI Finance Page 12

Article VII Charters Page 15

Article VIII Discipline of Post Members Page 16

Article IX Uniform Page 19

Article X Employees Page 20

Article XI Discrimination and Harassment Page 21

Article XII Definitions Page 22

Article XIII Parliamentary Law Page 22

Article XIV National Organization Page 22

Article XV National Convention Page 22

Article XVI Post Organization Page 23

Article XVII Subordinate Organizations Page 24

Article XVIII Biannual Self Audit Process Page 25

Article XIX Amendments Page 26

AMVETS Department of Florida, Inc.

BYLAWS

ARTICLE I. ORGANIZATION

Section 1. The name of this organization shall be AMVETS (American Veterans), Department of

Florida, Inc., and it shall hereinafter be referred to as Florida AMVETS.

Section 2. Florida AMVETS shall be organized with a Department Executive Board (DEB), an

Executive Director, and under this, Districts and Posts. Florida AMVETS does not own an interest

in any social quarters, clubroom, canteen facility, or any other fund-raising activity operated by a

subordinate Post and said organization does not derive any profit from such facilities or activities.

Florida AMVETS shall not, in any way, be responsible for the neglect or wrongful acts, omissions,

contractual obligations, or debts of any subordinate activity or clubroom. These activities shall,

always, be under the direct control of each Post. All funds, property, or assets of any kind or

nature, as well as all books and records, shall remain the property of said Post and shall be placed

in the care and custody of the respective Finance Officer.

Section 3. The administrative powers between State Conventions and State Executive Committee

(SEC) meetings shall be vested in the DEB. The DEB shall consist of the Department

Commander, 1 Vice Commander, 2 Vice Commander, Finance Officer, Judge Advocate, Provost

Marshall and immediate Past Department Commander. The DEB shall meet at the call of the

Department Commander. All members of the DEB shall have a vote, and the Department

Commander will vote only to break a tie. The Department Executive Director and the Adjutant will

be an ex officio member with the Adjutant recording the meeting, neither will not have a vote.

Section 4. There shall be no closed meetings in Florida AMVETS except for privileged matters

including executive sessions considering employment matters, legal advice, honors and awards

meeting and grievance matters.

Section 5.

Florida AMVETS shall be divided into Districts composed of the following counties and all Posts

located within these counties shall be a member of their respective district.

District I Dade, Broward, Monroe

District II Brevard, Orange, Volusia, Seminole, Osceola

District III Hillsborough, Pinellas

District IV Jackson, Okaloosa, Walton, Holmes, Washington, Bay, Santa Rosa,

Escambia

District V Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, Jefferson,

Madison, Taylor

District VI Collier, DeSoto, Lee, Hendry, Charlotte, Glades

District VII Palm Beach, Martin, St. Lucie, Indian, River, Okeechobee

District VIII Marion, Citrus, Hernando, Pasco

District IX Manatee, Hardee, Sarasota, Highlands

District X Nassau, Duval, Clay, Putnam, St. Johns, Flagler

District XI Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilcrest, Levy, Baker, Union,

Bradford, Alachua,

District XII Polk, Lake, Sumter

A. Districts shall be formed with a minimum of three (3) active Posts. Once formed a District

may remain as long as there are two active posts in good standing.

B. Each recognized Department District shall submit for approval a current and complete

copy of its District Constitution and Bylaws, as revised and amended, to the Department

Judge Advocate within 30 days of such change. The Constitution and Bylaws will be

reviewed at the annual meeting and if revised a copy will be forwarded to the Department

Judge Advocate prior to May 15

C. Each Recognized Department District in accordance with its constitution and bylaws is

authorized to elect or appoint subordinate officers as will be necessary and is required to

forward a list of its officers to Department Headquarters within 20 days of election or

appointment.

D. Each recognized Department District is authorized to enact whatever administrative and

fiscal policies and procedures as may be necessary to operate as a Department District

including the authority to establish dues from the member Posts.

E. Each District may at its discretion or by two-thirds (2/3) vote set per capital dues not to

exceed one dollar ($1.00) per annual member as of the State Convention each year.

These dues are to be used for administrative expenses and the Commander’s travel

expenses. Newly chartered Posts shall be exempt from paying dues for one complete

assessment year after issuance of their charter.

F. No recognized Department district shall have administrative authority over its local posts.

However, the District Commander’s duties include acting as a District Deputy Inspector

General. When called on by the Department Commander, the District Commander shall

travel within the geographic boundaries of the District for the purpose of representing the

Organization, investigate or assist in settling disputes, follow up, make recommendations

and report activities. The District 1

and 2

Vice Commanders will, at the request of the

Department 1

and 2

Vice Commanders provide assistance in matters affecting

membership and programs. The Districts will assist the Department ensuring the Posts

within their Districts submit the Post revalidations to the Department prior to the due date.

G. Posts will not be revalidated if they have not paid their previous year’s per capita dues by

May 1

of the New Year.

Section 6. Membership processing procedures shall be in accordance with the AMVETS National

Membership and the Department of Florida Membership Manual. The Executive Director and the

Department 1

Vice Commander are responsible to ensure that the Department of Florida

Membership Manual is up to date with latest changes and procedures from AMVETS National

Membership.

Section 7. Any member in good standing may change membership in a post or a department and

join a new post without repaying the current dues. Such transfer shall be subject to the approval

of the posts and departments involved. No transfer shall be denied by the post or department

from which transfer is requested without just cause. The losing post or department has 30 days

to either approve a request for transfer or show just cause why the transfer should not be

executed. Failure to respond to the requesting (gaining) post or department in writing, by either

approving and returning the request for transfer, or providing just cause for denial of requested

transfer, within 30 days, will be taken as approval for the requested membership transfer.

Section 8. Membership shall run from September 1

through August 31

. Eligibility for

membership and requirements for holding office within Florida AMVETS shall not be

discriminatory for any reason, including on the basis of race, color, religion, gender, sexual

orientation, or national origin.

Section 9. All monies, property, or assets of any kind or nature, as well as all books and

records, owned, held, or used by any activity, clubroom, holding company, or post which may be

sponsored, conducted, or operated by, or on behalf of any post, county council, district, or

department shall be the property of such post, county council, district, or department, and must

be placed in the care and custody control of the respective finance officers.

ARTICLE II. OFFICERS

Section 1. COMMANDER. The Commander is the senior executive officer of the Department.

He shall preside at all meetings of the SEC, DEB and the State Convention. He may delegate a

vice commander to serve as a temporary substitute when needed. The Commander directs and

supervises the activities of all elected and appointed officers and committees. Together with the

Finance Officer, the Commander is responsible for all funds received and expended by the

Department. The Commander shall preside at all meetings. He shall be the business executive

of the Department and shall maintain a close liaison with National Headquarters. He shall be the

representative of the Department with the State of Florida, and is the only officer authorized to

represent the Department within the State.

A. The Department Commander shall, with the approval of the SEC, appoint the following

Officers to serve during said Commander's term of office: Adjutant, Public Relations

Officer, Chaplain, Inspector General, Deputy Inspector General(s), Sons of AMVETS

Coordinator, Florida Junior AMVETS Coordinator and Legislative Officer. Further

provided that the Office of Chaplain be rotated annually, if possible, among the major

faiths.

B. The Department Commander shall appoint a Membership Committee and a Programs

Committee. Each Committee shall consist of at least four (4) members in addition to the

Vice Commander for that Committee, who shall be the Chairman for that Committee.

C. There shall be an Honors and Awards Committee consisting of all Past Department

Commanders of Florida AMVETS and the current District Commanders, and the

Chairman shall be the immediate Past Department Commander, unless he declines, and

in that event the Committee members shall elect a Chairman. The White Clover Award,

given to the Department AMVET of the Year, shall be the Department's highest award.

Any member of the Florida AMVETS, except the Commander, is eligible for this award.

D. There shall be a Bylaws Committee, consisting of the Department Judge Advocate as

Chairman, and at least four (4) members, as appointed by the Department Commander

with the approval of the DEB. The members of this Committee shall elect a Vice Chairman

from among those on the Committee.

E. The Department Commander shall appoint a Department Grievance Committee,

consisting of a Chairman and five (5) members of the Florida AMVETS, to hear

grievances and appeals provided for in these Bylaws. The Department Commander shall

designate the Chairman. They will report their findings and recommendations to the

Department Commander and Judge Advocate and then to the SEC or Convention. This

Committee shall function during the State Convention and SEC and such other times as

is deemed necessary by the Commander.

F. The Commander shall appoint, and Chair, a Personnel Committee consisting of a

minimum of five (5) current or Past District Commanders. This Committee is empowered

to employ a compensated "Executive Director" and an "Assistant Membership

Processor", in accordance with Article X of these Bylaws.

G. In addition, the Department Commander, with the approval of the DEB shall appoint other

Committees as deemed necessary for conducting Florida AMVETS business. Such

appointees shall serve at the pleasure of the Department Commander, during the term

of the Department Commander who made the appointments.

H. The Department Commander and Judge Advocate are members of all Committees ex

officio without right to vote, except on the Committees in which they Chair. The Finance

Officer is a member of all Committees in which finances of the Department are concerned,

but shall have voice but no vote, except in the Finance Committee.

I. The Department Commander shall appoint an Honor Guard Committee. This Committee

shall be comprised of a minimum of five (5) members or prior members of Florida

AMVETS Post Honor Guards. Each Post having an established Honor Guard should be

equally represented on this Committee whenever possible. The Committee members

shall elect the Chairman of this Committee.

J. There shall be a Florida AMVETS Finance Committee, consisting of the Finance Officer

as the Chairman, three (3) members elected from the floor at the Convention, who shall

be on a rotating basis for three (3) year terms. At each Convention, one (1) member to

the Finance Committee shall be elected for a three (3) year term. The Commander shall

appoint a successor to fulfill any vacated position. This appointment will remain in effect

until the next Department Convention at which time a member will be elected to serve the

unexpired term of the vacated position. No two (2) members of this Committee shall be

from the same Post or District, except for the Finance Officer.

Section 2. The duties of the elected officers and committees shall be performed, basically as

prescribed in these Bylaws, and with the National Officers Manual, but not limited to them.

Section 3. FIRST VICE COMMANDER. The First Vice Commander shall be charged with the

membership programs and shall assist the Commander in carrying out the duties of his office and

functions. He shall perform such other duties as may be required of him by the Commander. In

the absence of the Commander, the First Vice Commander shall preside at all meetings and

Conventions of the Department. If the Office of Commander is vacated, the First Vice

Commander shall act as Commander until the successor is designated pursuant to the provisions

of these Bylaws. He is of equal rank to the Second Vice Commander.

Section 4. SECOND VICE COMMANDER. The Second Vice Commander shall be charged with

promoting all programs and activities as set forth by the National Second Vice Commander. He

will also promote all programs as set forth by the Department. He will assist the Commander in

carrying out his duties as directed by the Commander. In the absence of the Commander, and

the First Vice Commander, the Second Vice Commander shall preside at all meetings and the

Conventions of the Department. If the Office of Commander and First Vice Commander are

vacated, the Second Vice Commander shall act as Commander until a successor is designated

pursuant to the provisions of these Bylaws. He is of equal rank to the First Vice Commander.

Section 5. JUDGE ADVOCATE. The Judge Advocate is the legal advisor and parliamentarian of

the Department. He shall incorporate all valid amendment into the Department Bylaws, and

whenever deemed necessary shall cause said Bylaws to be presented to the Department

Convention in revised form. He is also Chairman of the Bylaws Committee.

Section 6. FINANCE OFFICER. The Finance Officer is charged with the collection, banking,

and disbursement of all Department funds and will perform as outlined in the Officer's Manual.

The Finance Officer is also the Chairman of the Finance Committee.

Section 7. PROVOST MARSHAL. The Provost Marshal shall maintain order at all meetings and

verify that persons attending meeting are bona fide members. He is the custodian of the

Department Colors and is in charge of the color detail during the presentation and retirement

ceremonies of the colors at the SEC and Convention. He will assist during the voting of the body,

when voting by the show of hands or by ballot is required. He shall carry out such other duties as

may be assigned to him by the Department Commander. He, or his designated representative,

will perform duties as a bailiff during meetings of the Department Grievance Committee.

Section 8. ADJUANT. The Adjutant is an appointed officer and shall act as recording secretary

to the Commander, and shall perform such other official duties as may be required by the

Commander, SEC, or DEB.

Section 9. CHAPLAIN. The Chaplain is an appointed officer and is charged with the spiritual

welfare of the members of the Department. All services shall be of nonsectarian nature. It shall

be his duty to notify appropriate Department officers and the National Chaplain of all deceased

members so that proper responses can be made from these levels.

Section 10. PUBLIC RELATIONS OFFICER. The Public Relations Officer is an appointed officer

and shall handle all publicity for the Department. He shall make it his duty to create goodwill for

the Department. He shall act as liaison officer with the National Organization for the purpose of

securing publicity for the National Organization and within the Department, with the approval of

the Department Commander. He will also function as the Department Historian.

Section 11. The Sons of AMVETS Coordinator is an appointed officer who shall monitor all

actions of the Sons of AMVETS and shall report all findings to the DEB, SEC, or Convention.

Section 12. FLORIDA JUNIOR AMVETS COORDINATOR. The Florida Junior AMVETS

Coordinator is an appointed position and the Chairman of the Florida Junior AMVETS

Coordinating Committee. The individual members of the Committee shall be given specific

duties in guiding and assisting the individual officers of the Junior AMVETS, as well as advising

and guiding them generally. The Chairman of the Committee will appoint a member of the

Committee to provide the support and guidance to each functional section of the Florida Junior

AMVETS. The majority vote of the committee will preapprove all expenditures of the Florida

Junior AMVETS. The Department Junior AMVETS Executive Committee shall approve all final

decisions made by the Department Junior AMVETS in reference to financial matters.

Section 13. LEGISLATIVE OFFICER. The Legislative Officer is an appointed officer and shall

represent the Department of Florida in the initiation and/or support of proposed state legislation

and interface with state legislators. He shall be the Florida AMVETS representative to the Florida

Veterans' Council and the liaison with the Florida Department of Veterans' Affairs.

Section 14. NATIONAL EXECUTIVE COMMITTEEMAN. The National Executive

Committeeman (NEC) shall be a member of the National Executive Committee and it shall be

his duty to further the interest of the Department in every way that will not conflict with the aims

and purposes of the National Organization. He shall report to the DEB, SEC, or Convention on

anything deals with the National Organization.

Section 15. ALTERNATE NATIONAL EXECUTIVE COMMITTEEMAN. The Alternate National

Executive Committeeman (Alternate NEC) shall perform the duties of the NEC if the NEC cannot

attend the National Executive Committee.

Section 16. EXECUTIVE DIRECTOR. The Executive Director is an employee position. The

Executive Director shall be the Department Administrator, and perform such duties as outlined in

the Executive Director Job Description approved by the Department Personnel Committee and

the SEC. This position shall be directly responsible to the Department Commander and must be

an AMVETS member in good standing.

Section 17. ASSISTANT MEMBERSHIP PROCESSOR. The Assistant Membership Processor

is an employee position and will report to the Executive Director. The function is primarily

clerical support in response to general and routine membership matters, and shall perform such

duties as outlined in the Assistant Membership Processor Job Description approved by the

Department Personnel Committee and SEC.

Section 18. DISTRICT COMMANDERS. District Commanders are elected in accordance with

the Constitution and Bylaws of the appropriate district. They are not considered Department

officers.

A. District Commanders shall assist the Department Commander in carrying out his duties

and functions in their Districts and shall endeavor to further the aims and purposes of the

Department, as directed by the Department Commander, and the Constitution and

Bylaws of the District. District Commander’s duties include acting as a District Deputy

Inspector General. When called on by the Department Commander, the District

Commander shall travel within the geographic boundaries of the District for the purpose

of representing the Organization, investigate or assist in settling disputes, follow up, make

recommendations and report activities.

B. District Commanders have a specific duty to instruct Posts on the requirements for

revalidation each year and to insure it is accomplished in an efficient and timely manner.

C. District Commanders will be the primary link between the Department Commander and

all Posts in the District. This will include assistance and guidance of all Posts in the

District.

ARTICLE III. DEPARTMENT CONVENTION AND SEC MEETINGS

Section 1. There shall be a Department Convention held annually in June, at which time it shall

elect Department Officers.

Section 2. The Convention and SEC sites may be selected for a maximum of five (5) years in

advance and must be submitted by the Commander at a Department Convention.

Section 3. A Convention chairman will be appointed by, and serve at the pleasure of, the

Department Commander.

Section 4. Each Post shall be entitled to one (1) alternate for each delegate provided for in this

Article. Alternates shall have all the rights and privileges of delegates, except during elections.

They may vote only in the event the delegate they represent is absent from the floor.

Section 5. At the Department Convention, each Post in the Department shall be entitled to two

(2) delegates for the first twenty-five (25) paid up members. Each Post is authorized one (1)

additional delegate for each twenty-five (25) paid up members, or major fraction thereof, in excess

of, and exclusive of the first twenty-five (25) paid up members.

Section 6. All Duly registered AMVET members shall have one (1) vote except during elections.

Post delegates shall be entitled to (1) vote each for the elective officers of the Department. All

Past National Commanders, Past Department Commanders and District Commanders shall be

entitled to one (1) separate vote each. The Department Commander must cast his vote in the

event of a tie vote.

Section 7. The Department Commander personally, or through his Convention Chairman have

final authority over all Convention arrangements.

Section 8. A quorum at all SECs and the Department Conventions shall consist of one-third (1/3)

of the registered, voting delegates, providing there is at least one (1) elected Department officer

to preside over the meeting.

Section 9. The SEC shall meet during the months of September/October and February/March

depending upon the meeting space availability. Should such space not be available during these

months, the SEC may be held in the subsequent month. The Department Convention will be held

during the month of June. There shall be a minimum of thirty (30) days notification prior to each

SEC or Convention.

A. The SEC shall consist of all Department officers, elected and appointed, including District

Commanders and Post Delegates.

B. All registered delegates at the SEC will be permitted to vote except for the election of

officers. SEC election of officers will be held using the formula for elections as at the

Department Convention.

Section 10. The Department Commander must approve all fundraisers at the SEC or Department

Convention, including those of subordinate organizations.

ARTICLE IV. CONVENTION ELECTIONS

Section 1. Elections of officers shall be by roll call vote and shall be conducted by the

Commander and supervised by the Judge Advocate with the assistance of the Provost Marshal.

A majority vote shall be required for the election of any office. In the event no candidate received

a majority vote on the first ballot, the candidate receiving the lowest number of votes shall be

dropped and the remaining candidates only, will be voted on. In case an additional ballot should

be required, and the same process shall be carried out until one candidate has a majority of the

total votes cast. Should a tie result, the Commander must cast his vote to break the tie. The order

of voting shall be determined by a random drawing of a Post number and the order of voting for

Department officers shall be; NEC (even years), Alternate NEC (even years), Commander, First

Vice Commander, Second Vice Commander, Judge Advocate, Finance Officer, Provost Marshal,

Finance Committee, and Trustees for the Department Service Foundation.

Section 1.B. The delegates at the State Convention of the Florida Department of AMVETS shall

elect five (5) members of the Board of Trustees who shall be on a rotating basis for three year

terms. Two (2) trustees will be elected at two consecutive conventions with one (1) being elected

at the third convention. No more than one (1) member from any post nor more than two (2)

Previous Department Commanders of the Florida Department of AMVETS shall serve at any one

time as one of these five (5) members of the Board of Trustees.

Section 2. The Department Convention shall elect a Department Commander who must have

the following minimum qualifications:

A. He must have been a member in good standing in the Florida AMVETS for at least two

(2) years prior to election.

B. He must have held some other Department, District, or Post elective office.

Section 3. The term of office for the Commander shall be for one (1) year, effective at the close

of business of the Convention at which he was elected. He may succeed himself for only (1) term.

Section 4. All District Commanders shall be elected and installed in their own Districts prior to

the Convention.

Section 5. All elected Department officers shall be residents of the State of Florida and must

retain such residency throughout their term of office. They must have been a Post member in

good standing for a minimum of six (6) months immediately prior to election, with the exception

of the Department Commander, and must retain membership in a Florida AMVETS Post

throughout their term of office.

Section 6. Each even numbered year, the Department shall elect one (1) NEC and one (1)

Alternate NEC. These offices are to run for a two (2) year period effective at the close of the

Convention. The elected NEC and Alternate NEC shall be residents of the State of Florida and

must retain such residency throughout their term of office.

Section 7. The Convention shall elect a First Vice Commander, a Second Vice Commander, a

Judge Advocate, a Finance Officer, and a Provost Marshal. These titles and no others shall be

used in Florida AMVETS, including all Districts and Posts. The Department Vice Commanders

may succeed themselves one (1) additional term. All terms of office shall be effective at the close

of business of the Convention at which he was elected.

Section 8. Voting on all questions shall be by voice vote except when the presiding officer may

be in doubt as to the voice vote. He may require a standup vote or show of hands.

Section 9. The Executive Director shall advise each Post, thirty (30) days prior to the Department

Convention, the number of delegates and alternates they are entitled to as provided for in these

Bylaws.

Section 10. Proxy vote shall not be allowed.

Section 11. Intentions to become a candidate for office may be announced at any time.

Nominations for any office shall be made at the February/March SEC and at the Department

Convention one day prior to the election. Nomination speeches, and seconding speeches, though

not required, if desired, shall be limited to five (5) minutes for the Commander and NEC and two

(2) minutes for all others. In addition, nominations will be reopened just prior to election for each

office from the floor but no speeches will be allowed.

Section 12. Any nominee for Department office must show the Commander proof of AMVET

membership eligibility.

Section 13. No member may hold more than one (1) elected or appointed office and one (1)

elected or appointed committee position on the Department level at the same time. No elected

officer shall hold more than two (2) elected positions at any level of Florida AMVETS.

Section 14. Should vacancies occur in any of the elected positions, such vacancies will be filled

as follows:

A. If the position of Department Commander is vacated, the First Vice Commander will

succeed to that office. The Second Vice Commander will then succeed to the position of

First Vice Commander. The vacancy of the Second Vice Commander will be filled by

appointment by the Department Commander until the next scheduled election. The

appointment will be subject to the approval during the next SEC or Convention, whichever

comes first.

B. If the position of NEC is vacated the Alternate NEC will succeed to that position to serve

out the term. If a vacancy occurs in the position of Alternate NEC the Department

Commander will appoint a replacement upon approval of the DEB until the next SEC or

Convention, whichever comes first. If approved, the new Alternate NEC will serve out the

unexpired term of the previous incumbent.

C. If any other elective position becomes vacant it will be filled by appointment by the

Department Commander until the next scheduled election. The appointment will be

subject to the approval during the next meeting of the SEC or Convention, whichever

comes first.

ARTICLE V. REMOVING OFFICERS

Section 1. The Commander, with the consent of the DEB, may remove an appointed Department

officer, committee chairman, or committee member.

Section 2. An elected department officer may be removed from office only by a two-thirds vote

of the Department Executive Board after written charges against such officer shall have been

preferred and furnished by certified mail to the officer concerned and to the members of the

Department Executive Committee. A full hearing shall be held by the Department Executive

Committee on charges preferred against an elected department officer. Such hearing shall be

held not less than 30 days after the charges are referred and mailed.

Section 3. Charges must be made under oath and based upon disloyalty, neglect of duty,

dishonesty, or conduct unbecoming a member of AMVETS. The procedure for a hearing will be

the same as those for members-at-large (MAL) and Post Commanders.

Section 4. The National Bylaws provide that any elected officer who has been suspended or

expelled upon a "showing of cause" has the right of appeal. The appeal shall be to the National

Executive Committee.

Section 5. Any officer or committee member who is absent from two (2) successive duly called

and notified SEC, unless he submits a valid excuse to the Commander, in writing, is deemed to

have vacated his office and the Commander shall fill this office under the appointive powers herein

immediately.

ARTICLE VI. FINANCE

Section 1. The AMVETS (American Veterans) Department of Florida Service Foundation, Inc.

shall conduct a semi-annual review of the financial records of the Department during the

February/March SEC and in conjunction with the September/October SEC meetings each year.

The review should include but not be limited to; confirming all bank balances, reviewing and

confirming correctness of any revenues and expenses exceeding $500.00, and reviewing

expenses associated with all grant monies received. A copy of the report of the Committee shall

be reported to all Department officers and Posts of the Department. The Commander may

appoint an Auditing Committee, with the approval of the DEB, who may audit the records and

books or accounts of any Post within the Department, or of any subordinate organization within

the control of such, or connected therewith, who shall use the identification of AMVETS. All

books and records of the Subordinate Organizations, Department of Florida shall be made

available for review or audit on authorization from the National Commander for either

examination or audit for just cause. The DEB may, if it deems necessary, employ accountants

to make such an audit. Audit results shall be made available to the delegates of the Department

Convention.

Section 2. The expenses of the Commander shall be indicated in the budget. From this budget,

the Commander will draw his travel expenses, with accountability.

Section 3. All requests for approval of any travel reimbursement will be made by phone or letter

to the Commander, and if granted, the signed authorization will be sent out immediately. No

reimbursement will be made for any form of travel unless the request is accompanied by an

expense report form that has been signed in advance by the Commander, or approved by

telephone.

Section 4. The Florida AMVETS is registered with the Internal Revenue Service (IRS), and has

been assigned an Employer Identification Number (EIN).

Section 5. The revenue of this Department shall be derived from the membership fees and

dues of the members of the Posts in the Department, and such other sources consistent with the

provisions of the National Constitution and Bylaws. AMVETS dues (annual membership) in any

Post within the Florida AMVETS shall be thirty-five dollars ($35.00), of which fifteen dollars

($15.00) shall be forwarded to the National Organization, ten dollars ($10.00) remains with this

Department and ten dollars ($10.00) stays at the Post. MAL dues shall be thirty-five dollars

($35.00), of which fifteen dollars ($15.00) shall be forwarded to the National Organization, five

dollars ($5.00) placed in an advertisement fund for the Department, and the remaining fifteen

dollars ($15.00) remains with this Department. In the case of life membership, the minimum rate

shall be established by the National Constitution and Bylaws.

Section 6.

A. The Department Finance Committee will submit a provisional annual budget to the

Department Executive Committee prior to the conclusion of the February/March SEC.

Within 30 days thereafter, the Department Commander may submit recommendations for

budgetary change. The Department Executive Board may adopt or reject such

recommendations by majority vote. The Finance Committee will submit the annual budget

to the Department Executive Board at the preconvention meeting for approval. The

Finance Committee will submit the approved annual budget to the delegates on the floor

at the Department Convention in June.

B. In determining the provisional budget, revenue will be based on last year’s actual

numbers with tangible assumptions and realistic and/or proven income projections. The

expenses will be based on last year’s actual numbers and adjusted for projected inflation.

A contingency budget line will be developed solely to address unexpected expenses or

unforeseen losses in revenues.

Section 7. The fiscal year for Florida AMVETS shall be July 1 to June 30.

Section 8. Florida AMVETS is registered with the State of Florida Department of Revenue, as a

tax-exempt organization, and has been issued a Consumers Certificate of Exemption Number.

Section 9. All Department and Post official handling over $5,000.00 of AMVETS funds shall be

properly bonded with a good and solvent bonding Surety Company as surety to cover the average

amount of AMVET funds handled by such individual in a single year. In case of delinquencies in

the payment of accounts due Department or National Headquarters, action shall be taken at once

by the proper officials to bring about an immediate and complete settlement. The SEC shall

approve the bonds provided by Department and Post officials.

Section 10. No contracts involving expenditures of Florida AMVETS funds shall be negotiated

without inviting a reasonable number of competitive bids, and where the required products are of

equal quality, the contract shall be awarded to the lowest bidder. All contracts to be executed by

the Florida AMVETS shall be approved by the Finance Committee, and the SEC, and signed by

the Commander and attested by the Finance Officer after the Judge Advocate has approved said

contract.

Section 11.

A. (a) No public fundraising project or program of any kind or character shall be undertaken

by or on behalf of any national district, state department or subordinate thereof, unless the

contract, agreement or other arrangement under which such project is to operate has first

been submitted for prior approval of a standing committee that shall be composed of the

president of the National Service Foundation, the national judge advocate and the National

Commander. The National Executive Director and the executive director of the National

Service Foundation shall be ex-officio members of this committee. A public fundraising

project is defined as any project or program involving a solicitation or request to

nonmembers of AMVETS for a donation or pertaining to the sale of merchandise, goods,

tickets or advertising matter of any kind or character. The committee shall render a decision

within three weeks on all matters submitted to it. In the event of an adverse decision of this

committee, an appeal may be made to the National Executive Committee at its next

session. All federal or state reports required to be filed by said state department or

subordinate thereof, including the state service foundation, pursuant to federal or state

legislation or administrative regulations pertaining to the fundraising or the disposition of

any of the assets of said state department or subordinates thereof, including the state

service foundation, shall, at least 14 days prior to filing with any federal or state agency,

be submitted to the aforesaid standing committee for preliminary review and

recommendations concerning the preparation and filing thereof. Failure of a state

department or subordinate thereof to adhere to the provisions of this section shall be

considered grounds for disciplinary action.

B. No public fundraising project or program of any kind or character shall be undertaken

by or on behalf of any post or combination of posts or subordinate thereof unless the

contract, agreement or other arrangement under which such a project or program is to

operate has first been submitted for the prior approval of the department judge

advocate and then to a standing committee of the national organization composed of

the president of the National Service Foundation, the national judge advocate and the

National Commander. The National Executive Director and the executive director of

the National Service Foundation shall be ex-officio members of this committee. The

committee shall render a decision within three weeks on all matters submitted to it. In

the event of an adverse decision by said committee, an appeal may be made to the

National Executive Committee at its next session. A public fundraising project is

defined as any project or program involving a solicitation or request to nonmembers of

AMVETS for a donation or pertaining to the sale of merchandise, goods, tickets, or

advertising matter of any kind or character. In the event of an adverse decision by the

department judge advocate, an appeal may be made at the next state executive

committee meeting. Its action shall be final. Any fundraising project or program

conducted by a post or any combination of posts or subordinates thereof in which there

is no other person, firm or corporation involved, and in which such fundraising project

or program is conducted solely by the post, shall not be deemed to be within the

purview of this section, provided that the anticipated gross receipts from such

fundraising project or program do not exceed the sum of $10,000; in the event it is

anticipated that the gross receipts will exceed $10,000 in any fiscal year, then said

project or program shall be submitted as described above. Failure of a post or

combination of posts or subordinates thereof to adhere to the provisions of this section

shall be considered grounds for disciplinary action.

C. The request for public fundraising projects or programs covered under Section 11 (a)

above will be sent certified mail, return receipt requested to AMVETS National

Executive Director, 4647 Forbes Blvd, Lanham, MD. 20706. A copy must be sent to

AMVETS Department of Florida Executive Director at the published address. The

request for public fundraising projects covered under Section 11 (b) must be sent to

AMVETS Department of Florida Judge Advocate via certified mail, return receipt

requested. The Department Judge Advocate will advise the Department Executive

Board when a request is received.

Section 12. All Post funds and accounts, including receipts and disbursements, shall be under

the control of the Post Finance Officer. All Post and Florida AMVETS accounts shall be kept in

accordance with generally accepted accounting procedures.

Section 13. Whenever a Post Clubroom, Canteen or Social Quarters is maintained or operated

for the convenience and pleasure of Post members, and the name of AMVETS or its insignia is

displayed or used, a Board of at least 3 Trustees shall be elected by, and from among the

membership of the Post to supervise its activities, operations, and finances. No elected Post

officer may hold a position as a trustee since those are elected positions. Trustees are not

considered elected post officers of the Post. All monies derived from such activities shall be

accounted for and placed in the care and custody of the Post Finance Officer.

Section 14. No Post officer (elected or appointed) or trustee may be employed in compensated

position within the Post or its Clubroom/Canteen/Social Quarters. Such personnel may perform

the duties of a paid employee, but shall not accept compensation.

ARTICLE VII. CHARTERS

Section 1.

A. The DEB may suspend, cancel, or revoke a Post charter in accordance with the Uniform

Code of Procedure for the Revocation, Cancellation, or Suspension of Post Charters

(Appendix A of the National Constitution and Bylaws). If the charter of a post is

suspended, the post may operate only to address the issues which caused the

suspension.

B. In the event that an appeal of the actions of the DEB, the procedure is laid out in Appendix

A of the National Constitution and Bylaws.

C. A Post charter that has been thus suspended may be reinstated by action of the DEB if

that Post purged itself of the offense within sixty (60) days of its suspension. If the

delinquency is not cleared to the satisfaction of the DEB within sixty (60) days,

appropriate action shall be taken by the committee to affect revocation or cancellation of

the charter.

D. Whenever a Post charter is suspended, cancelled, or revoked the Executive Director shall

immediately notify all subordinate organizations of that Post as well as the Department

subordinate authorities.

Section 2. Any Post failing to meet the obligations imposed upon it by these Bylaws, or ceasing

to function for six (6) months as a Post of AMVETS, or voluntarily ceasing to function as a Post

or merging with one or more other Posts, or refusing or failing to pay the Department or National

per capita dues within sixty (60) days after collection by the Post, shall, upon order of the DEB,

surrender its charter.

Section 3.

A. Upon revocation, cancellation, or suspension of the charter of a Post, said Post shall

immediately cease operations, and upon revocation or cancellation shall turn over its

charter and assets to the Department Commander or DEB. The DEB is authorized,

empowered, and directed by and through its duly authorized agent to take possession,

custody, and control of all records, property, and assets of said Post. So much of the said

assets as are required for the purpose shall be applied to any indebtedness of said Post,

provided, however, that nothing herein contained shall be construed as requiring this

Department to take over or to assume any financial responsibility of such Post. Assets

to be held in trust for a period of twelve (12) months and in the event it is not reissued

within the twelve (12) month period said property, money, and effects shall become the

absolute property of Florida AMVETS.

B. When a charter of a Post of this Department is canceled or revoked for any reason, said

charter shall be returned to the National Headquarters within thirty (30) days.

Section 4. Upon appeal of disciplinary actions, all pertinent documents, including transcripts and

other supporting documentation of said hearings shall be directed to the National Headquarters

for review by the National Judge Advocate.

ARTICLE VIII. DISCIPLINE OF POST MEMBERS

Section.1

A. Each Post of AMVETS shall be the judge of its own membership, subject to the provisions

of the National Constitution and Bylaws.

B. Filing of charges determined by the hearing authority (Commander) to be frivolous shall

constitute conduct unbecoming an AMVET. The Commander making such determination

will immediately file Category A charges against the member filing frivolous charges.

C. Under the provisions of the Uniform Code of Procedure for the Suspension or Expulsion

of a Member (Appendix B, National Bylaws), any member of AMVETS may prefer

charges against any other member alleging one or more of its specified reasons for

suspension or expulsion. Such charges must be made under oath (notarized, setting

forth the time and place of the alleged offenses or other bases for the charges and signed

by the accuser. All such charges and specifications shall be filed with the Post

Commander, unless a MAL, a District Commander, or a Post Commander is involved, in

which case they are filed with the Department Commander. The respective Commander

must, within five (5) days, send a copy of the charges and specifications and copies of

supporting documentation by Certified Mail - Return Receipt Requested, to the member,

together with a notice fixing a date, place, and time of a hearing. Such hearing shall be

held not less than thirty (30) days after the date of mailing. Under the proceedings by the

DEB for the suspension or expulsion of a member upon a "showing of cause", written

charges shall be furnished by it to the member at least thirty (30) days prior to the date

set for a hearing.

D. Disciplinary action against a member of a subordinate organization, other than for

violations of House Rules, shall not be handled by Florida AMVETS but shall be referred

to the parent organization, through the Department Commander. Similarly, members of

subordinate organizations may not initiate charges against a member of AMVETS, except

for violations of House Rules

E. The disciplinary actions of a subordinate organization will be observed by the Post of

AMVETS to which that subordinate organization belongs to.

Section 2.

A. Category A Charges. Grounds for discipline include:

(1) The DEB may suspend or expel any Department officer for defalcation or

misappropriation of Florida AMVETS funds.

(2) Members may be suspended or expelled by a Post or DEB upon proper showing

of cause. Written charges shall be based upon disloyalty, neglect of duty,

dishonesty, or conduct unbecoming a member of AMVETS. The provisions of

Article XI, below, also apply.

(3) AMVETS or any component part thereof shall not be used to promote the interest

of any individual, organization, or product. Any violation of this provision shall be

sufficient cause for disciplinary action against the offending member or Post.

(4) In addition to the above stated grounds, members may be suspended or expelled

for one or more of the following reasons:

(a) Any failure to comply with any obligation imposed upon members under the

National Constitution and Bylaws;

(b) Any violation of the law that reflects unfavorably upon the name of

AMVETS;

(d) Ineligibility for membership at the time of acceptance into membership;

(e) Procurement of membership upon fraud or deception.

(5) Although each Post is the judge of its own membership, when the conduct of any

member is such that it will in any way reflects upon, discredit, or invite criticism of

the organization, the Department Commander shall immediately bring the matter

to the attention of the Post. If the Post fails to act to protect the name of AMVETS,

then the DEB may suspend its charter, pending a hearing and final action by the

SEC.

(6) The Department Judge Advocate shall prosecute all Category A charges brought

to the DEB or to the Department Grievance Committee. The Post Judge Advocate

shall prosecute all charges at the Post level.

(7) Any elected or appointed District or Post officer against whom charges are filed

may be suspended from office at the discretion of the Department Commander,

pending the outcome of their hearing.

Section 3. Category B Charges. Violation of Post House Rules. Each Post that operates a

Clubroom/Canteen/Social Quarters, for the convenience of its members, shall formulate a set of

House Rules, which governs the conduct within the facility. These House Rules must be approved

by the membership and prominently displayed within the facility the rules govern. The Post may

discipline individuals who violate these rules.

Section 4.

A. Processing Category A Charges:

(1) A written grievance shall be prepared, signed, and notarized. The grievance will

be forwarded to the Post or Department Commander, whichever is applicable

within (45) days from discovery of the incident. The respective Commander must,

within five (5) days, send a copy of the charges and specifications and copies of

supporting documentation by Certified Mail - Return Receipt Requested, to the

member, together with a notice fixing a date, place, and time of a hearing. Such

hearing shall be held not less than thirty (30) days after mailing. The accused shall

also be advised that he has the right to counsel, to have a court reporter, to face

his accuser, and to present witnesses in his behalf. He shall also be advised that

the cost of counsel, court reporter, and appearance of his witnesses will be at his

expense. He shall be notified that his AMVETS privileges are suspended pending

resolution of the charges. This means that he is not eligible to participate in any

Post functions, any meetings, nor the Post Canteen. Specifically, he is not

permitted on Post property until the hearing is concluded, Grievance Committee

has rendered their decision and the membership on the floor has voted to accept

their recommendation.

(2) The Post Executive Committee or the DEB, consisting of a minimum of five (5)

members, shall hear the charges. No member of the Post Executive Committee or

the DEB who has firsthand knowledge of the incident(s) to be heard or is a witness

thereto, shall be seated to hear the charges. The Commander shall then

temporarily appoint disinterested Post members in good standing to achieve a

minimum of five voting members.

B. Processing Category B Charges:

(1) A written grievance shall be prepared, signed, and notarized. The grievance will

be forwarded to the Post Commander within (15) days from the date of incident.

The Post Commander must, within five (5) days, send a copy of the charges and

specifications and copies of supporting documentation by Certified Mail - Return

Receipt Requested, to the member, together with a notice fixing a date, place, and

time of a hearing. Such hearing shall be held not less than thirty (30) days after

mailing. The accused shall also be advised that he has the right to counsel, to

have a court reporter, to face his accuser, and to present witnesses in his behalf.

He shall also be advised that the cost of counsel, court reporter, and appearance

of his witnesses will be at his expense. He shall also be notified that his canteen

privileges are suspended pending resolution of the charges, but such suspension

in no way restrict his access to AMVETS or subordinate organization's meetings

or committee activities.

(2) A Post Grievance Committee consisting of a minimum of five (5) AMVET members

in good standing shall be designated to hear the charges, determine guilt or

innocence and recommend disciplinary action where appropriate. No members of

the Post Executive Committee or a member of the Board of Trustees, elected or

appointed, shall be a member of this Grievance Committee, with the exception of

the Judge Advocate who shall act as prosecutor. Disciplinary actions taken by this

committee are limited to Clubroom/Canteen/Social Quarters activities and will in

no way, affect the individual's membership or restrict access to meetings or

participation in committee activities.

Section 5.

A. Appeals referenced in AMVETS National Bylaws, Appendix B, section 9 will be handled in

accordance with AMVETS National Bylaws, Appendix C. Except that category A appeals

at Post level will be sent to the Department Executive Director (address listed in AMVETS

Department of Florida Officers Roster, latest edition)

(1) The decision of this body is final and further appeal will not be entertained,

including appeals filed to a higher body will not be recognized.

(2) Any member resigning their membership, suspended, or revoked shall have their

name directed to the Department Executive Director to have the same purged.

(3) Appeals as a result of a Category B hearing of a Post Grievance Committee may

be appealed, in writing, to the Post Executive Committee within fifteen (15) days

of the imposition of the penalty. The decision of that body is final and further

appeal to a higher level will not be recognized.

Section 6.

A. Any member, regardless of position, who is listed on the Florida Department of Law

Enforcement (FDLE) database, or any similar official state or federal database, as a

Sexual Offender, Sexual Predator, Sexual Deviant, or for that matter found to be involved

in abusive nature (basically considered Crimes Against Nature) with a minor child(ren) is

deemed ineligible for membership in Florida AMVETS and shall be immediately dropped

from the rolls of Florida AMVETS without a hearing. Similarly, applicants for membership,

so listed, will be ineligible for membership.

B. Likewise, any visitor so labeled as addressed in Section 6A, above, found to be on any

Florida AMVETS property will be asked to leave the premises with notice of applicable

trespassing laws in effect. If the individual refuses, actions will be taken to notify

appropriate Civil Authorities for the individual's removal.

ARTICLE IX. UNIFORM, AWARDS AND DECORATIONS

Section 1. AMVETS men and AMVETS women’s uniform:

A. The AMVETS uniform for males consists of an AMVETS hat, a navy blue blazer, medium-

gray trousers, white dress shirt, black belt, navy blue necktie and appropriate black

footwear.

B. The AMVETS uniform for females consist of an AMVETS hat, a navy blue blazer, medium-

gray slacks or medium-gray skirt, white dress blouse and appropriate black belt and

neckwear and black footwear.

C. White shirt with epaulets with the following patches:

(1) Right sleeve – AMVETS patch two (2) inches below the seam, the Florida AMVETS

patch may be worn below the AMVETS Patch;

(2) Left sleeve – American Flag, blue field uppermost and always forward, two (2)

inches below the seam, a POW/MIA patch may be worn beneath the Flag patch;

(3) The AMVETS collar insignia will be worn on collars, vertical from the tip of the

collar.

(4) Ribbons awards and decorations listed on your DD214 may be worn on your white

shirt in the same location as is required on a military uniform. If it is not listed on

your DD214, DD215 or another authorized document it cannot be worn on your

AMVETS shirt.

(5) Name tags may be worn above the right pocket.

D. Medium gray trousers for men and medium gray slacks or skirts for female members.

E. Navy blue blazer with AMVETS patch on the left breast pocket.

F. Navy blue tie, black belt and shoes.

G. Official AMVETS hats are different, depending on the title of the member:

(1) Post officers and Members: Green with gold piping and lettering

(2) State Officers: White with green piping and lettering

(3) State District Officers – Green band, white top with gold piping and lettering

(4) National Officers – White with gold piping and lettering

(5) National Commander – Gold with white piping and lettering.

(a) Labeling on right side of hat to be post number, title, date and name.

(b) Labeling on left side of hat may include, life member, city, post, group and

state

Members may wear the hat of the highest elected office they held, provided that the year they

served is indicated on it. The AMVETS uniform and hat should be worn at all AMVETS

functions. Additionally, it should be worn at all patriotic events and when cooperating with, or

participating in observances of, other veterans military organizations. The cap should be worn

indoors and outside; however, it should be removed when entering a church, unless worn by a

member (or the commander) of an armed honor or color guard. To properly hold the AMVETS

hat during prayer, simply grasp the hat lengthwise in the right hand with the insignia showing,

insert four fingers inside the hat and place it over your heart.

Section 2. AMVETS Department of Florida authorizes a summer uniform. The summer

uniform is authorized from 1 May to 31 October because of the normal hot weather. The

summer uniform is the same as item A above, except the blue blazer is not required and the

blue tie is exchanged for an optional bolo tie allowing the shirt top button to be open.

Section 3. The minimum acceptable uniform requirement at any AMVETS function is the hat.

ARTICLE X. EMPLOYEES

Section 1. No elected officer and no trustee, at any level of Florida AMVETS, may be employed

in a compensated position at any level.

Section 2. Employees of this Department shall be reviewed by the Personnel Committee who is

charged with the hiring, firing, and the recommendation of salaries for each position. The Finance

Committee shall approve the amount of compensation for the positions before taking effect.

Section 3. Employees of this Department shall be given a job description and they are expected

to perform the duties to which that job description describes to the utmost of their ability. They will

also work for and through the Commander.

Section 4. No paid employee of this Department shall be eligible for election to any Department

level office of AMVETS, nor shall he participate in the election or pre-election activities on the part

of any candidate for election to Department-level office in the Department. However, said

employee shall have the right to vote, if a member of AMVETS. Any violation of this provision

shall be cause for dismissal from his position. Employees of posts are covered under post

operating procedures.

Section 5. No employee may be discharged without the approval of the Personnel Committee.

Appeals from employees who have been discharged shall have the right to appeal, so long as the

appeal is filed with the Department Commander within fifteen (15) days after the Personnel

Committee delivers its written decision to the employee. The appeal shall be heard at the next

SEC or Convention, whose decision is final.

ARTICLE XI. DISCRIMINATION AND HARASSMENT

Section 1. It is AMVETS policy that all employees have a right to work in an environment free of

discrimination, which includes freedom of harassment - whether that harassment is based on sex,

age, race, national origin, religion, sexual orientation, marital status, or membership in other

protected groups. This policy applies to employees of the Department, Posts and in any Post

activity. AMVETS prohibits harassment of its employees in any form - by supervisors, coworkers,

customers, or suppliers. Such conduct may result in disciplinary action up to and including

dismissal of the employee who harasses others. With respect to non-employees, offending

customers, and suppliers will be asked to leave and not to return. Specifically, no supervisor,

either explicitly or implicitly, shall threaten or insinuate that any employee's submission to or

rejection of sexual advances will in any way influence any personnel decision regarding that

employee's employment, evaluation, wages, advancement, assigned duties, shifts, or any other

conditions of employment or career development. Other harassing conduct in the work place,

whether physical or verbal, committed by supervisors or others is also prohibited. This includes:

slurs, jokes, or degrading comments concerning sex, age, race, national origin, religion, sexual

orientation, marital status, or membership flirtation, advances, or propositions; continued or

repeated abuse of a sexual nature; graphic verbal comments about an individual's body; and the

display in the work place of sexually suggestive objects or pictures. Sexual harassment is often

described as unsolicited advances. It may range from inappropriate sexual suggestions to

coerced sexual relations. Harassment is viewed as a situation in which an individual in a position

to control, influence, or affect another's employment, compensation, promotion, or job

assignments uses that power to coerce a person into sexual contact or relations or punishes the

refusal. The harasser may be the victim's employer, supervisor, coworker, or employee. Sexual

harassment may also include:

A. Unsolicited verbal sexual comments;

B. Subtle pressure for sexual activity;

C. Sexist remarks about a person's body or sexual activities;

D. Patting, pinching, or unnecessary touching;

E. Demanding sexual favors, accompanied by implied or overt threats involving one's

employment, compensation, promotion, or job assignment; or

F. Physical assault.

All complaints received must be reported to the Commander. As with all other complaints of

discrimination, the Commander will order or conduct a thorough investigation to determine if

harassment has occurred or if any AMVETS policy has been breached. The complaint will be

investigated and, if such investigation confirms the allegation, appropriate disciplinary action up

to and including dismissal with be taken. All complaints and actions taken to resolve such

complaints will be treated confidentially.

Section 2. It is the policy of AMVETS to avoid the hiring, transfer, or promotion of relatives of

employees into situations where the possibility of favoritism or conflicts of interest might exist.

Under these restrictions relatives are defined as those related by blood or marriage and those

with whom a significant personal relationship exists. Therefore, applicants will not be hired or

employees promoted or transferred into the same department at a location where a relative is

already employed. In addition, applicants will not be hired or employees promoted or transferred

into a position where a relative occupies a position in the supervisory chain under which the

employee will be working. Restrictions apply to both voluntary and compensated employees.

Section 3. This Article shall be binding upon all subordinate organizations of this Department.

ARTICLE XII. DEFINITIONS

Definition of the word "he", "him" or "chairman", wherever they appear in these Bylaws, shall be

referring to both sexes.

ARTICLE XIII. PARLIAMENTARY LAW

At any level of Florida AMVETS, meetings and all matters and proceedings not otherwise provided

for herein shall be conducted pursuant to these Bylaws, and the current edition Robert's Rules of

Order.

ARTICLE XIV. NATIONAL ORGANIZATION

This Department, as a component of the National Organization of AMVETS, and as such, is

subject to the Constitution and Bylaws thereof; which same Constitution and Bylaws are hereby

adopted and made part of these Bylaws by reference. Any provisions of these Bylaws which are,

is, or may come to be, in conflict with, or contrary to, said National Constitution and Bylaws shall

be, and is, hereby automatically amended to conform therewith.

ARTICLE XV. NATIONAL CONVENTION

Section 1. This Department shall be represented at the National Convention by the immediate

Past Department Commander as a delegate and the newly elected commander as the alternate

delegate. The delegate and his alternate shall not represent any Post. The immediate Past

Department Commander shall be the Chairman of delegates to the National Convention.

Caucuses will be held at the call of the Chairman or any five (5) delegates. In the event the

Department Commander succeeds himself in office, he will be both the Department delegate and

the Chairperson of the delegation. The Commander before him will be the alternate delegate.

Section 2. Each local Post shall be entitled to two (2) delegates and two (2) alternates for its first

fifty (50) members, or fraction thereof, thereafter the Post shall be entitled to one (1) delegate and

one (1) alternate for each additional fifty (50) members. The number of delegates and alternates

to which each Post is entitled will be computed by National Headquarters as of July 1st of each

year and reported to the Post as soon thereafter as may be possible. Each Post must be

chartered prior to May 1st to be eligible to vote at the National Convention.

ARTICLE XVI. POST ORGANIZATION

Section 1. Ten (10) or more eligible individuals may form local Posts by making application to

this Department. If the Department approves, the application shall be forwarded to the National

Headquarters.

Section 2. Posts shall be governed locally by their own officers chosen according to their own

Constitution and Bylaws, except that election of officers shall be held annually between May 1

and May 14 and said officers shall be installed by an AMVET in good standing who has attained,

at least, the rank of Post Commander, District Commander, Department or National Officer and

assume office no later than June 1 thereafter. The Posts shall be subject and subordinate,

however, to the jurisdiction of the National and Department Headquarters, and any provision of a

Post Constitution found to be in conflict with or contrary to the provisions of these Bylaws or the

National Constitution shall be null and void. Officers of Posts shall use the equivalent titles

provided for Department Officers in these Bylaws. Posts shall have the option of having additional

Vice Commanders if prescribed by their Constitution and Bylaws, but no trustee of the clubroom

or canteen shall fill any of these positions. In the absence of a post commander, the vice

commanders in order of their numerical rank shall preside at meetings and represent the

commander.

Section 3. Every Post shall be required to revalidate its charter within seven (7) days following

the annual meeting. An appropriate device to be issued by the National Department shall

evidence such charter revalidation. In order to revalidate such charter, receive a Certificate of

Revalidation of its charter, and have the ability to register for the State Convention, each Post,

aside from any other requirements imposed in these Bylaws, shall:

A. Furnish the Department Executive Director with a certified list of current Post Officers. In

the "Official Contact" section of the AMVETS Post Officer Form, each post will be

encouraged to enter a permanent Mailing address. This address should be the one and

only address to which all official post correspondence will be sent.

B. File Internal Revenue Form 990 for the Post calendar or fiscal year with the United States

Internal Revenue Service (IRS), if required by current IRS regulations, and indicate on the

list of current officers' form that a 990 form has/has not been sent IRS.

C. Furnish the Department Judge Advocate with two (2) copies of the Post's current

Constitution and Bylaws or a certification stating the copy previously submitted has not

been materially amended;

D. Be fully paid up with all Post accounts with Department and National Headquarters;

E. Any post operating a clubroom, Canteen or Social Quarters shall be required to carry

workers’ compensation insurance (in accordance with the law of the state of Florida)

and public liability insurance, including product liability and personal injury coverage,

with a minimum single limit of $500,000. Posts that maintain a building primarily for

meeting purposes shall be required to carry public liability insurance, including product

liability and personal injury coverage with a minimum single limit coverage of $300,000

or the minimum local amount prescribed by the State of Florida. The AMVETS

Department of Florida and the AMVETS National Headquarters shall be included as

additional insured in all policies and a certificate of said insurance shall be furnished to

the AMVETS Department of Florida and to AMVETS National Headquarters.

F. Have at least ten (10) members in good standing at the time of revalidation;

G. Provide the Department Executive Director a copy of the Post Articles of Incorporation and

certificates of good standing issued by the Florida Department of State, Division of

Corporations.

H. Provide the Department Executive Director with proof of Bonding of Officers handling over

$5,000.00 of AMVETS funds. Two (2) copies of all the above must be submitted, one to

be placed in the Department files and the other to be forwarded to the National

Headquarters. Failure to comply with the above requirements will result in the

noncomplying Post not being seated at the State Convention.

Section 4.

A. All Posts shall comply with local, state, and federal laws and statues in the operation of

the Post and its facilities. Each Post shall certify, to the National Department yearly, that

it is in compliance with these Bylaws.

B. Upon compliance with all the above requirements, National Headquarters shall issue to

such Post a Certificate of Revalidation.

C. On or before August 1 of each year the National Headquarters shall furnish this

Department a list of Posts that have not complied with the above requirements, directing

that such Posts be disciplined. This Department, by September 1, notwithstanding and in

addition to any other provisions of the Constitution and Bylaws, shall suspend the charter

of such Post until it shall comply with such requirements, unless the Post has complied

with such requirements prior to such suspension. Any charter so suspended shall remain

suspended until such Post shall have complied with such requirements and shall have

received a Certificate of Revalidation to the charter from National Headquarters. Any

Post whose charter remains in a state of suspension for a consecutive six (6) month

period for any of the foregoing reasons shall, on March 1, have its charter automatically

revoked without any further action being necessary either by this or National

Departments. This Department shall not have its representatives seated or his expenses

paid at any meeting of the National Executive Committee unless it has been certified in

writing that all Posts in the Department have complied with the aforesaid requirements or

furnished written evidence that appropriate disciplinary action has been taken against all

Posts not so complying.

D. All Posts Constitution and Bylaws at inception or as being amended shall be sent to the

Department Judge Advocate for review and/or recommendations. If the Department

Judge Advocate accepts the Constitution and Bylaws as submitted, he shall direct same,

reflecting his acceptance, immediately to National Headquarters for filing with his

approval attached thereto.

ARTICLE XVII. SUBORDINATE ORGANIZATIONS

Section 1. Florida AMVETS recognizes the following subordinate organizations:

A. Service Foundation, Department of Florida,

B. Sad Sacks, Department of Florida,

C. Ladies Auxiliary, Department of Florida,

D. Sons of AMVETS, Department of Florida,

E. Junior AMVETS, Department of Florida, and,

F. AMVET Riders, Department of Florida.

Section 2. Membership and participation in these subordinate organizations shall be governed

by their own Constitution and Bylaws.

ARTICLE XVIII. BIANNUAL SELF AUDIT PROCESS

Section 1. Biannual audits will be conducted on odd years in accordance with Article XIX

AMVETS National Bylaws.

ARTICLE XIX. AMENDMENTS

These Bylaws may be amended at any State Convention or SEC, by a majority vote of the total

authorized delegates present and voting, providing that such proposed amendments shall be

submitted by a Post, or SEC member, to the Department Commander, and sent by him, to the

Posts and members of the SEC by mail at least thirty (30) days prior to the opening date of the

next Convention or SEC. These Bylaws may be amended without prior notice by unanimous vote

of the delegates present and voting at any State Convention or SEC. However, no amendment

may be adopted, unless, and until, the same is referred to the Constitution and Bylaws Committee,

considered by it, and reported on at the State Convention, with the exception of a unanimous vote

from the floor.

These Bylaws were approved by a majority vote by the membership on June 10, 2018 at the

Annual Convention in Orlando, Florida.

Department Judge Advocate

Date Signed: October 28, 2018 Date Signed: October 28, 2018