Constitution and Bylaws of the Florida Apartment Political Action Committee

The name of this BOARD is The FLORIDA APARTMENT POLITICAL ACTION COMMITTEE, hereinafter referred to as the "APAC BOARD" or "APAC." APAC is a voluntary, nonprofit, unincorporated board of individual MULTI-HOUSING PROFESSIONALS and others, and is not affiliated with any political party. The APAC BOARD is an independent autonomous organization composed of a board of directors and is not a branch or subsidiary of any national or other political action COMMITTEE.

The purposes of the APAC BOARD are:

1. To promote and strive for the improvement of government by encouraging and stimulating multi-housing professionals MULTI-HOUSING PROFESSIONALS and others to take a more active and effective part in governmental affairs.

2. To encourage MULTI-HOUSING PROFESSIONALS and others to understand the nature and actions of their government as to important political issues, and as to the records of officeholders and candidates for elective office.

3. To assist MULTI-HOUSING PROFESSIONALS and others in organizing themselves for more effective political action and in carrying out their civic responsibilities.

4. To take appropriate action for the attainment of the purposes stated above.

5. To educate legislators about the MULTI-HOUSING INDUSTRY as issues involving the industry are considered in the Legislature, and work for the betterment of the MULTI-HOUSING INDUSTRY in the legislative arena. 

Section 1- Membership

Member contributions may be accepted from any multi-housing professional, his/her spouse, members of his/her immediate family, and others deemed legally able to contribute. The APAC Board of Directors is authorized to establish additional categories of membership.

Section 2 - Contributions

Contributions to APAC shall be subject to the approval of the APAC Board of Directors and such funds shall be disbursed at its discretion. The APAC Board of Directors may delegate the authority for disbursal of funds by majority vote of the APAC Board, or to either to the Chair or to an executive committee composed of the general APAC officers established for that purpose, or to both of them; provided, that a complete list of all such disbursals shall be provided to the APAC Board of Directors at each semi-annual meeting.

Section 1- Duties 

The management of the APAC BOARD shall be vested in a Board of Directors which shall have general supervision and control over the affairs of the APAC BOARD and shall establish and carry out all policies and activities of the APAC BOARD. The members shall serve without compensation.

Section 2 - Composition

The APAC Board of Directors shall consist of members representing the local affiliates in addition to the FAA President and the Legislative Committee Chair. The FLORIDA APARTMENT ASSOCIATION President and FAA Legislative Committee Chair shall automatically serve on the APAC Board of Directors for their term of office. Directors shall annually volunteer to serve on the APAC Board of Directors and be approved by the FLORIDA APARTMENT ASSOCIATION President. Directors shall serve one-year terms. Directors shall serve until their successor is appointed as prescribed by these Bylaws, even if this requires their term of service to extend beyond one (1) year.

Section 3 - Quorum

The presence of at least 50% + 1 of current directors of the APAC Board at any meeting of the APAC Board of Directors called pursuant to these Bylaws shall constitute a quorum for the transaction of any business to come before the APAC Board. All meetings of the APAC Board or its committees or subcommittees may be held via conference telephone calls or through use of appropriate electronic conference facilities, such as teleconferencing or email. All votes or other business called to order via email will require a minimum majority vote to be considered valid.

Section 4 - Terms

The members of the APAC Board of Directors shall serve for a term of one (1) year or until their successor is appointed as prescribed by these Bylaws.

Section 1- Designations, Election, Terms 

The general officers of the APAC BOARD shall be a Chair, a Vice Chair, and a Treasurer/ Secretary. The officers shall be elected by the APAC Board of Directors from among the members of the APAC Board at its first meeting of the calendar year and shall serve for a term of one (1) year. At the end of their designated terms, the general officers shall not discontinue the authority, duties, and responsibilities of the position, to which they have been elected, but shall continue to serve in their elected capacity until their respective successor has been duly elected. No general officer shall hold more than one general office at a time. 

Section 2 - The Chair

The Chair shall be the chief executive officer of the APAC BOARD and shall be an ex officio member of all APAC committees and subcommittees. The Chair shall preside at meetings of the Board of Directors. He/she shall appoint all chairs and members of APAC committees and subcommittees, subject to the approval of the APAC Board of Directors. The Chair shall be responsible for the hiring of the APAC BOARD staff or consultants, subject to approval by the APAC Board of Directors.

Section 3 - The Vice Chair

The vice chair shall perform such duties as may be required to assist the chair in the performance of his/her duties and shall assume the office of chair in the event of a vacancy in that office, until the next election of officers as prescribed in these Bylaws. At the discretion of the FAA President, the vice chair shall have the option to ascend to the role of chair after the successful completion of their duties as vice chair.

Section 4 - The Treasurer/Secretary

The Treasurer/Secretary shall perform such duties as are customarily performed by the Treasurer/Secretary of a BOARD as shall be prescribed by the APAC Board of Directors. The Treasurer/Secretary shall be the custodian who shall oversee the funds of the APAC BOARD. The Treasurer/Secretary shall oversee the collection of all dues and other funds of the organization. The Treasurer/Secretary shall oversee the disbursement of all monies of the APAC BOARD in accordance with the instruction of the APAC Board. The APAC Board Secretary/Treasurer is responsible to ensure that full and accurate accounts are kept, and that financial statements are presented in a timely manner. The APAC Board shall also ensure that all reports to governmental authorities required by law or directed to be filed by the APAC Board, shall be prepared, signed and filed in a timely manner. He/she shall ensure that an accurate record of all APAC meetings are kept and copies of such meeting minutes are kept on file. The Treasurer/Secretary shall ensure that the correspondence of the APAC BOARD is handled promptly. The Treasurer/Secretary shall ensure the APAC BOARD complies with requirements of all legislation pertaining to political COMMITTEEs. 

Section 1 - Meetings 

The meetings of the APAC Board of Directors shall be held in conjunction with meetings of the FLORIDA APARTMENT ASSOCIATION board of directors. The annual fundraising goals and APAC budget will be submitted to and approved by the APAC Board at the first meeting of the calendar year.

Section 2 - Special /Voting Meetings

Special/Voting meetings of the Board of Directors shall be called by the Chair on his/her own initiative or upon the written request of three of the members of the Board. At the request of the chair, voting meetings may be called by the APAC staff liaison. 

Committees

The APAC BOARD shall have such committees and subcommittees as the APAC Board of Directors determines are necessary and desirable for carrying out its purposes and objectives. Members of such committees and subcommittees shall be appointed by the Chair subject to the approval of the APAC Board of Directors.

Section I - Books and Records

The APAC BOARD shall ensure that accurate and complete books and records of account are kept. The APAC BOARD'S books of account shall be audited as prescribed by Florida law. The Auditor shall be named by the Chair with the approval of the Board of Directors.

Section 2 - Deposits

The funds of the APAC BOARD shall be deposited to the credit of the APAC BOARD in such banks or other depositories as the Board of Directors may select.

Section 3 - Reserve Funds

The APAC reserve fund shall be capped once it reaches an overall balance of $300,000. Any additional funds raised by APAC over the $300,000 cap must be expended within a two-year election cycle beginning January 2021 from receipt of the additional funds, as deemed appropriate by the APAC Board of Directors. In the event of unforeseen circumstances, a super-majority, which consists of at least two-thirds of the APAC Board of Directors, can vote to temporarily increase the $300,000 cap for a period of one calendar year. Once one calendar year has expired, a vote by a super-majority of the APAC Board of Directors will be required to maintain an overall fund balance of above $300,000. This cap does not limit or prohibit the APAC Board of Directors ability to spend APAC reserve funds as deemed appropriate. 

Section 4 – Local Campaign Contributions

Local Affiliate Annual APAC Goals

The APAC Board requests that each Florida Apartment Association affiliated local association (hereinafter referred to as “local affiliate”) supports the Florida Apartment Association’s advocacy efforts by making an annual” fair share” monetary contribution, as determined by the APAC Board of Directors in January of each year. This money can be raised through affiliate-sponsored fundraising events and/or via member contributions requested on the local affiliate dues billings. The annual APAC goal can be based on the local affiliate community member and associate member counts, as reported in November of each year and/or previous fundraising levels.

Local Campaign Contributions

Funds raised by a local affiliate for APAC will be allocated to both local campaigns, as follows: Up to thirty percent (30%) of APAC funds raised by a local affiliate during a two-year campaign/election cycle beginning January 1, 2021, may be allocated to local campaigns and distributed according to the local affiliate’s campaign allocation policy.

Local Affiliate Campaign Allocation Policy

Any local affiliate wishing to participate in local distribution of APAC funds shall inform the APAC Board of Directors of its intent and provide a copy of its campaign allocation policy or equivalent to the designated FAA staff liaison. The policy shall include, at a minimum, the following information:

1. 1. Who is authorized to make a funding request to APAC.

   2. Who is responsible for accounting to APAC.

   3. An explanation of the local affiliate’s candidate vetting or screening process

   4. The policy shall contain the following statements:

   5. All campaign contributions will be made in compliance with current state campaign laws” and “All campaign contributions will be made to local campaigns within the local affiliate name] chartered area.”

   6. The policy shall be signed by the local affiliate President and the Association Executive.

Local Affiliate Contribution Requests

The local affiliate must submit a local funding request to the designated FAA staff liaison in writing. This written request should include a letter from the affiliate outlining the reason(s) the affiliate would like to support the candidate with APAC funds. All funding requests are subject to the approval of the APAC Board via electronic, telephone, or in-person voting. The APAC Board may stipulate additional requirements, in addition to those noted below, on an as-needed basis by majority vote of the APAC Board.

To receive APAC funds the local affiliate must:

1. 1. Plan to host an APAC fundraiser event when possible or conduct an awareness campaign in the calendar year.

   2. In the case of an open seat, where no previous political relationships have been established with the candidates (i.e. no candidate has previously worked with the local affiliate on an issue directly affecting the multifamily industry while serving in another elected seat and/or no candidate has been supported by APAC while serving in another elected seat), the local affiliate must conduct a candidate screening, personal meeting, meet-and-greet, or forum. All qualified candidates must be notified of the screening/meeting via email or in writing. The screening or meeting must be conducted after the local election qualifying period. The local affiliate is encouraged, but not required, to screen/meet with each qualified candidate in an open-seat race. Candidate screening/meeting procedure and voting are at the discretion of the local affiliate.

   3. In the case of a local affiliate seeking to support an incumbent, the local affiliate may request funding for the incumbent without screening all of the candidates in a race if a prior positive political relationship has been established, or if the candidate has been involved in an issue directly affecting the multifamily industry in the past.

Local Affiliate Political Committee Contributions

A local affiliate may use its allocated APAC funds for contributions to a local political committee (“PAC”), subject to the following requirements: 

• • The PAC supports and is associated with a specific local political candidate. The local affiliate must be able to adequately demonstrate this through supporting documentation.

  • The local affiliate must be able to demonstrate an established and pre-existing relationship with the local political candidate supported/associated with the PAC.

  • The local affiliate must have previously requested and successfully contributed funds in the maximum legally allowable amount (e.g., $1,000) for the relevant election period to the campaign of the local political candidate supported/associated with the PAC. 

  • The maximum amount that a local affiliate may request to contribute to any individual PAC in any single election period is two thousand five hundred dollars ($2,500.)

The local affiliate must submit a funding request in writing to the designated FAA staff liaison setting forth the reason(s) the affiliate would like to support the PAC with APAC funds; the amount of APAC funds sought; and any necessary supporting documentation required to satisfy the above-referenced criteria. 

The funding request is subject to the approval of the APAC Board via electronic, telephone, or in-person voting. The APAC Board may stipulate additional requirements and/or information, in addition to those noted below, on an as-needed basis by majority vote of the APAC Board.

Local Affiliate APAC Share 

If the local affiliate uses all shared funds, the affiliate will no longer be eligible to receive APAC contributions for local campaigns or for local political committees. The local affiliate then has the option of either raising additional funds for APAC to be distributed per this policy or, in special circumstances or hardships, the affiliate can make a formal written request to the APAC Board for distribution of funds. 

Vacancy in Offices, Appointments 

In the event of a vacancy in office of either directors or officers, such vacancy occurring for any reason including but not limited to resignation, removal, or death, the Chair, with the consent of the President of the FLORIDA APARTMENT ASSOCIATION, shall, except as otherwise provided for in these Bylaws, appoint a qualified successor to fill the unexpired term of the officer or director.

Removal

A member of the APAC Board of Directors may be removed at any time, with or without cause, by action of the Chair with concurrence of the President of the FLORIDA APARTMENT ASSOCIATION. If a director is removed, he/she shall immediately forfeit any office he/she may hold.

Parliamentary Authority

The deliberation of the APAC BOARD and subcommittees shall be governed by parliamentary usage as contained in the current edition of Robert's Rules of Order unless otherwise provided in these Bylaws by a two-thirds vote of the members.

Amendments to Constitution and Bylaws

This Constitution and Bylaws may be altered, amended, or repealed and a new Constitution and Bylaws may be adopted by two-thirds of the members of the APAC Board of Directors, provided that at least thirty (30) days written or emailed notice is given of the intention to alter, amend, or repeal or to adopt a new Constitution and Bylaws.

Notices

Notices required under these Bylaws are deemed to be complete upon placement of the Notice into the regular United States Mail or via email.

Dissolution

In the event of dissolution of the APAC BOARD, its funds on hand shall be first used to satisfy any contractual obligation or pay any outstanding expenses of the APAC BOARD and the balance remaining shall, at the discretion of the APAC BOARD, be contributed with specific direction for usage to any governmental, charitable, scientific, or educational institution exempted from taxation under the statutes and rules of the Internal Revenue Service.