Platform Amendment – Motion 19-012 LPF 2019

PREAMBLE

Libertarians We, the Libertarian Party of Orange County seek a society based on personal liberty and responsibility stand for a free & prosperous Florida based on the principles of personal responsibility, individual liberty, and economic prosperity. We unite to engage against the transcendental potency of the State in order to defend & promote liberty, the prerequisite of which man may best participate in his own development. We oppose the initiation of force to reach social and political goals. Instead we adopt the non-aggression principle; an idea that has been present in cultures and traditions for millennia.

Libertarians seek a society built on the pillars of individual liberty, equality under the law, and defensive use of force – a society in which all individuals are sovereign over their own lives. This most desirable method of organizing society is the natural order that arises when the uinalienable rights of individuals to life, liberty and property ownership are respected and protected.

People have the right to engage in any activity that is peaceful and honest, and pursue happiness in whatever manner they choose so long as they do not forcibly or fraudulently interfere with Individuals must be free to honestly & peacefully pursue their own interests and pleasures so long as it does not involve coercion, fraud, or violate the equal rights of others. Libertarians welcome the peace, prosperity, and diversity that freedom brings.

STATEMENT OF PRINCIPLES (No Changes)

We, the members of the Libertarian Party of Orange County, challenge the cult of the omnipotent state and defend the rights of the individual.

We hold that all individuals have the right to exercise sole dominion over their own lives, and have the right to live in whatever manner they choose, so long as they do not forcibly interfere with the equal right of others to live in whatever manner they choose.

Governments throughout history have regularly operated on the opposite principle, that the State has the right to dispose of the lives of individuals and the fruits of their labor. Even within the United States, all political parties other than our own grant to government the right to regulate the lives of individuals and seize the fruits of their labor without their consent.

We, on the contrary, deny the right of any government to do these things, and hold that where governments exist, they must not violate the rights of any individual: namely, (1) the right to life—accordingly we support the prohibition of the initiation of physical force against others; (2) the right to liberty of speech and action—accordingly we oppose all attempts by government to abridge the freedom of speech and press, as well as government censorship in any form; and (3) the right to property—accordingly we oppose all government interference with private property, such as confiscation, nationalization, and eminent domain, and support the prohibition of robbery, trespass, fraud, and misrepresentation.

Since governments, when instituted, must not violate individual rights, we oppose all interference by government in the areas of voluntary and contractual relations among individuals. People should not be forced to sacrifice their lives and property for the benefit of others. They should be left free by government to deal with one another as free traders; and the resultant economic system, the only one compatible with the protection of individual rights, is the free market.

I. STATE GOVERNMENT

  1. In the absence of a declaration of war by the United States Congress, for any purpose other than natural disaster relief, we oppose any use of Florida troops by the federal government without the approval of both the Florida Legislature and Governor we oppose the use of Federal troops on Florida State soil. In addition, we do not support sending Florida National Guard troops overseas for foreign conflicts or missions.
  2. Individuals have the right to defend themselves and others. We oppose any law that dilutes the right of any citizen to own a firearm or other means of self defense.  We support any laws that further the rights of both concealed weapon permit holders and all Citizens of Florida to openly carry arms.  We support the unfettered ability to possess, carry, and modify firearms and accessories for purposes including but not limited to self-defense and to secure the rights of the free individual. We support open carry and constitutional carry initiatives in Florida. We oppose all restrictions on firearms, ammunition and accessories, unless mandated by private property owners on their premises.
  3. We endorse the Tenth Amendment to the U.S. Constitution, which reserves to our sState and its pPeople all powers not expressly delegated to the federal government by the U.S. Constitution, or prohibited from the sStates or the pPeople by the U.S. Constitution.
  4. We support Eequality under the Llaw, and condemn any law that either rewards or punishes any individual based on race, ethnicity, religion, gender, gender identity, sexual orientation1, or any other group identification. Each person has the same inalienable rights. It is the States duty to protect those rights for each individual everyone equally.
  5. State government should We recognize the right to private property and self-ownership as basic human rights. Private property is all property owned by non-government entities. One of Government’s functions is to protect the private property rights of its citizens. We recognize that citizens may voluntarily transfer ownership of their private property, free of government’s control, intervention, or taxation.
  6. (Divided from 5) All governments must be removed entirely from the licensing process, including occupational licensing. It Government has produced no better results than private licensing and amounts has amounted to another tax. For example, marriage licenses are contracts between individuals and should be left to the individuals, their attorneys and religious officials, without the need to pay the state for a stamp of approval. Business licensing ought to be abolished, the right to commerce is inherent and a business license tax does not benefit the public nor provide consumer safety. Boating, hunting & fishing licenses ought to be abolished, as there should be no access restriction to public resources such as our State’s waterways, oceans, and wildlife, which are free to access by all.
  7. (Renumbered from 6) We advocate a sunset law amendment to the constitution requiring an automatic end to most government offices, agencies, departments, laws, regulations, taxes, and expenditures within ten years if not reauthorized.
  8. (Renumbered from 7) We oppose immunities for any public officials or government employees for illegal acts or omissions. Like any citizen, they should be subject to criminal prosecution and held liable for any injuries caused by their actions. We do support protections for government whistleblowers who alert the public of such illegal or condemning actions.
  9. (Renumbered from 8) Sunshine laws should apply We support transparency and believe it applies to all public employees. Sunshine laws should apply to all public employees working in any public place. With modern technology virtually every person has the ability to record and report on the actions of our public officials and workers. All meetings and minutes must be readily available to the public and recording devices welcomed. There should be no laws prohibiting or limiting the electronic recording and reporting using any means of any public official, including law enforcement officers, while performing their duties.
  10. (Renumbered from 9) The Libertarian Party of Orange County opposes We oppose the participation by the sState of Florida in the Real ID Act or similar fFederal identification database mandates. We also oppose the participation of the State of Florida in Federal programs designed to mine or share data on citizens who have committed no Federal crime.
  11. (Renumbered from 10) Privacy – Just as it is true that the only economic situation consistent with individual rights is the free market, so is it also true that life, liberty and happiness cannot prosper under continuous state surveillance. The LPOC opposes the use by the state of people or technology to monitor, account for, and keep Floridians under surveillance, especially where there is no evidence of criminal behavior, and thereby restrict the normal interaction of peoples. The LPOC opposes passive, yet compulsory, surveillance legislation, such as laws that require individuals and businesses to report legal activities without evidence of criminal acts.  The first, second, fourth, fifth and fourteenth amendments to the Constitution are all threatened by unfettered state surveillance. The LPOC supports an amendment to the Constitution of the United States to protect the right of privacy of all citizens, a right that is implied throughout that document, so as to2 defend individuals from state intrusion, to limit state intervention in private lives, and allow the free exercise of liberty away from the overbearing power of government. We believe in the right of privacy to all lawful citizens and condemn and oppose any attempts to subvert this right. We hold dear the 4th Amendment of the U.S. Constitution and Section 23 of the Constitution of Florida, which both lawfully guarantee the governments absence from intruding on the personal life of the individual. We oppose all measures to collect, mine, share, and distribute data on citizens without a warrant by State or Federal courts.
  12. (New Section) The State has no business protecting and maintaining monopolies, which create an unfair playing field and go outside of the bounds of government. We support a complete privatization of all public utilities including energy, water, cable, roads & highways, and other such quasi-public and state-owned utilities. We believe these services are best left to the free market, where service quality is highest, and prices are lowest, we endorse the public/private partnership model of government.
  13. (New Section) We oppose the State of Florida from accepting any money or participating in cooperation with the Federal government in instances of programs which violate the life, liberty or property of individuals. Such programs include the War on Drugs Byrne grants, which incentivizes minority drug arrests for special department funding while having no impact on public safety.
  14. (New Section) Marriage is a private agreement between individuals, regardless of sex, sexual preference, or gender. As such, the government must not be involved in the ceremony, documentation, or limitation of marriages and must be completely removed from the process entirely.
  15. (New Section) There shall be no restrictions to the mobilization of the population, which includes the whole of the people, from obtaining weapons, training, or supplies, in order to safekeep its ability to defend the territory of Florida in order to secure a free and prosperous future for Floridians.
  16. (New Section) We oppose all policies or programs that enlist state and local government employees to enforce federal immigration laws or that require local and state authorities to comply with federal immigration law enforcement.

II. ELECTIONS

  1. The only electoral duty of the State government should be providing for fair and efficient conduct of elections. Political parties, like any private voluntary group, should be free from government control and allowed to establish their own rules for nomination procedures and conventions. All taxpayer-funded subsidies to candidates for public office and political parties, including primaries and conventions, should must be eliminated.
  2. We support the addition of the alternative “None of the above is acceptable” to all ballots. We further propose that in the event that “None of the above is acceptable” receives a plurality of votes in any election, a new election shall be held for which none of the losing candidates shall be eligible. Other forms of voting should also be considered, such as instant runoff voting or proportional representation.
  3. Campaign finance laws are unwarranted restrictions of free speech or association and should be repealed. Keeping in accordance with the tradition of all government being run in the Sunshine, we support making all political contributions public records.
  4. (New Section) We support open ballot access for all parties and individuals who wish to hold public office. There must be no barriers to entry for prospective political parties and candidates, including unattainable signature requirements, exorbitant fees, or other measures which limit ballot access to a political duopoly.
  5. (New Section) It is not the taxpayer’s responsibility to pay for and facilitate the costs of conducting primary elections for political parties. Political parties should fund and conduct their own internal primary elections according to their own rules and conduct.
  6. (New Section) We support abolishing campaign finance laws, including donation caps, which are an infringement on the freedom of speech and association. We also support the acceptance of alternative monetary donations such as cryptocurrencies as valid campaign contributions.
  7. (New Section) We are opposed to “Top Two” style primaries which seek to eliminate minority parties from being represented in the general election.
  8. (New Section) We support adopting innovative new methods for voting which will increase efficiency, voter turnout, and save taxpayer money.

III. COURTS

  1. The common law authority of a trial by jury preceded our constitution and is the foundation of our legal system. If a jury of peers deems a law unjust, oppressive or inappropriately applied, it has the right and duty to acquit the defendant. We support the right of defendants to a fully informed jury, which would require judges to instruct jurors of their authority to judge not only the facts, but also the justice of the law according to their own good consciences. If a jury of peers deems a law unjust, oppressive or inappropriately applied, it has the right and duty to acquit the defendant.
  2. We support restitution for victims of crimes or civil infractions at the expense of the perpetrator. The victim should must have the right to pardon the perpetrator, provided the victim is not threatened or coerced.
  3. Private adjudication of disputes by mutually acceptable judges or mediators should be encouraged, prior to utilizing the public court system.
  4. No-fault laws should must be repealed because they deprive the victim of the right to recover damages from those responsible for causing harm.
  5. The right of trial by jury should must be allowed in all civil or criminal cases where the value exceeds one oz ounce of gold.
  6. The use of civil asset forfeiture to enforce laws circumvents constitutional protections and should must be ended. Police roadblocks, Rights-Free-Zones, and searches without probable cause should be abolished.
  7. (Merged into 6) Random police roadblocks and other searches without probable cause bypass constitutional protections and should be prohibited. (Renumbered from 8) We support equal treatment and oppose sexual discrimination in any judicial proceeding adjudicating a parental right, privilege or obligation concerning his or her child.
  8. (New Section) The Florida Bar, as well as any other licensing monopoly,must be dissociated from the State of Florida as the official body to license practicing attorneys and opened to competition.
  9. (New Section) Criminal sentencing should be reserved for crimes which have a discernible victim. The punishment should be appropriate to the crime.
  10. (New Section) Individuals, as well as agents of the State, are no more above the law than the other, and as such are both liable for inflicting damage on victims. They must be held personally responsible for restitution. The State should not shield or defer punishment of State agents, nor limit full restitution, to the taxpayer or individual victims.

IV. PUBLIC SAFETY

  1. Law enforcement cannot guarantee individual safety. Self protection is a personal responsibility. All individuals have the right to defend themselves and to possess the means to do so, as guaranteed by both the federal and state Constitutions.
  2. State prison facilities should must be used only for the incarceration of individuals who have proven themselves a threat to others violated the rights of other people, including their life, liberty, or property.
  3. (New Section) We support the end of the use of K9 units by law enforcement for the purposes of circumventing the right to privacy and as an excuse to perform unwarranted searches.
  4. (New Section) We oppose the use of red-light cameras as a photo enforcement tool as well as any third party non law enforcement agency issuing fines of any kind.
  5. (New Section) We are opposed to involuntary institutionalization, unless for emergency medical purposes or in situations where an individual’s autonomy and self-control is lost temporally and they present an imminent hazard to themselves or others.
  6. (New Section) Law enforcement must not accept weapons, equipment, nor training from the Federal military.
  7. (New Section) As individuals with rights to govern ourselves and our property, we support the ability to extend those rights to private security firms for the purposes of defending our life, liberty, and property.
  8. (New Section) The power of arrest must be reserved to only the Sheriff and police granted to operate under the Sheriff. All other agencies must not have the power to arrest in a Sheriff’s jurisdiction.
  9. (New Section) We oppose law enforcement “quotas” of any kind as a requirement or incentive in any law enforcement agency or activities.
  10. (New Section) We oppose the acceptance of Federal funding and grants for drug related offenses of any kind.

V. VICE LAWS

  1. Government should confine itself to protecting individuals from aggression, coercion and deceit. We oppose all laws and regulations that attempt to protect individuals from the consequences of their own behavior. While not necessarily condoning such activities, we advocate the repeal of all laws criminalizing gambling, possession and sale of drugs, and sexual relations between consenting adults. All those presently incarcerated or ever convicted solely for the commission of these victimless crimes should must be pardoned and their records expunged.
  2. Voluntary communities and business may enforce rules that prohibit certain activities to which all members subscribe, such as substance-free dorms.

VI. TAXES and FEES (Title Modified)

  1. The legislature should find more Government must use voluntary means of supporting state services, such as donations, lotteries and user fees. We believe in voluntary means of raising revenue as taxation is backed by force or the threat of force to guarantee compliance.
  2. Taxation of privately–owned real property should must be eliminated. In effect, it makes the state the owner of all lands by forcing individuals to pay rent to the state or forfeit their title.
  3. The personal tangible property tax on Florida businesses should must be repealed.
  4. Tax favoritism should be illegal. Abatements, subsidies, credits, or other incentives to businesses based on geographical area, job creation, or any other criteria deny equal protection under the law.
  5. Sales tax on used merchandise that is resold results in double taxation and should must be eliminated.
  6. Adding sales tax to products already subject to specific state taxes, such as gasoline and cigarettes, should must be ended. This practice results in double taxation, as consumers are paying a tax on a tax.
  7. We oppose any sales or use tax on the Internet.
  8. (New Section) All government agencies must be prudent in spending and budgeting and must not be rewarded or encouraged to purposely over budget or needlessly spend to keep a budget for the next fiscal year. Each year’s budget should be based on the projected cost of that agencies needs to do its job, in respect to historical and future needs, with the minimum amount of funds to accomplish its goal.
  9. (New Section) The State & local government shall accept payment in the form of gold & silver and other competing currencies.
  10. (New Section) As a principle, we recognize Florida as a diverse and vast people. As such, we seek to support the most local forms of government, rather than further afield governments, such as State or Federal.
  11. (New Section) The State of Florida has levied enough taxes on its citizens and trade partners, as such, no new taxes ought to be levied for new government projects. New projects must be funded from existing revenues by reducing inefficiencies or cutting current spending.

VII. ECONOMY

  1. We believe in the free market, thus the complete separation of the economy and the state.
  2. No commercial enterprises should be granted legal monopoly status, including the so-called natural monopolies of electricity, natural gas, water supplies, telephones, and cable television. The Florida Public Service Commission should must be abolished and all rate regulation in these industries ended. The right to offer such services in the marketplace should must not be curtailed.
  3. State regulation of industries such as insurance and communications, and professions such as medicine and law, should must be ended. They should would be regulated by trade or consumer groups.
  4. (Section Deleted)The condemnation of private property for public use should only be allowed when necessary for the protection of the rights of the citizens. (New Section) The State shall not impose any regulations or restrictions on alternative currencies to the US Dollar, nor shall it enforce legal tender laws.
  5. (New Section) The State shall not impose regulations on the prices of goods & services, neither with a price floor or ceiling. The value of goods & services is best determined by the market.
  6. (New Section) We reject favoritism in any form to any industries, companies or other organizations.
  7. (New Section) We oppose the restrictions on the sale and possession of consumer goods and services.
  8. (New Section) We support the sharing economy and seek to abolish all restrictions to its growth and enjoyment.
  9. (New Section) The terms of employment, including wages & benefits, should be decided by the parties involved: the employer and employee.

VIII. WELFARE and CHARITY

  1. (Main Text Converted to Section 1) Providing for the needy by forcibly taxing others is contrary to the legitimate function of government, which is to protect the rights of everyone. Disbursing charity from a welfare system costs society more than it gains. It is inefficient, open to fraud and abuse, and creates resentment. Traditional, voluntary sources of emergency support from families, churches, and private charities have always been more humane, more effective, and willingly borne by the givers. Therefore, until the income tax is repealed, we advocate dollar-for-dollar tax credits for all charitable contributions to encourage a transition from public welfare to private support.
  2. (New Section) The government must not interfere with or prevent individuals and organizations seeking to provide private charity to their fellow man.
  3. (New Section) Government run organizations that currently provide welfare and charitable services must be privatized with the directive to continue services in the charitable private sector.

IX. EDUCATION

  1. (New Section) Individuals must not be compelled to fund public schooling
  2. (Renumbered from Section 1) Education is a parental responsibility and best handled at the most local level rightfully decided by parents & guardians.
  3. (Renumbered from Section 2) Because parents/guardians are best situated to decide what is in their own children’s best interests, we support all measures that enhance the educational choices available, such as charter schools, vouchers or tax credits for private school tuition, and home schooling. We support individual and community based decision-making where people and entities freely decide what is best for their students or children.
  4. (Renumbered from Section 3) Compulsory attendance and truancy laws should be repealed. Students cannot be forced to learn, and teachers should not be forced to act as juvenile delinquency officers. Compulsory schooling and truancy laws must be repealed.
  5. (Renumbered from Section 4) All individuals, regardless of age, are entitled to the protections of the constitutions of the United States and Florida. Random drug tests, locker searches without probable cause, censorship of student publications, disarming of adults, or any similar actions on public campuses violate those rights.

X. ENVIRONMENT

  1. Aside from public safety, there is no greater concern for the people of Florida than having a safe, healthy environment. We look forward to the day when all property not required for police and court functions are returned to private ownership and control. Privatization of all public land not critical to government operations, may deed lock its future use for conservation or commercialization.
  2. We call for the restoration of every individual’s ancient, common law standing Every individual must be able to exercise the ability to sue for damages for the trespass of any individual, business, government or other group that pollutes his or her property entity that damages or pollutes their property. We support efforts to hold all individuals, businesses and governments accountable for the damages they cause.
  3. We oppose creation of new government parks or wilderness and recreation areas. Such parks and areas that already exist should be transferred to non-government ownership. Pending such transfer, their operating costs should be borne by their users rather than by taxpayers.
  4. (Section Deleted) We support efforts to hold all individuals, businesses and governments accountable for the pollution they cause. (New Section) The withholding or prohibition of clean energy technologies by any government, military, or public entity, is viewed as equal to racketeering, and we oppose such manipulation of markets and such secrecy.
  5. (New Section) Oceans and waterways may not be deeded lands but are to be protected and conserved similarly. Immunity shall not be given to any industry, processor, or individual, related to damages occurring through these mediums, such as chemical run off. Other unowned mediums such as air, radio frequency, light, and sound should also be treated similarly when damages occur. Civil tort remedies are best pursued to make whole any victims.

XI. HEALTH CARE

  1. The most fundamental property right is an individual’s right to own and control his or her own body. All individuals have the right to determine their own health care needs and treatment. Government has no constitutional authority right to interfere with or impose upon the practitioner/patient relationship.
  2. The right of people to extend or end their lives with dignity should not be infringed. We support the freedom to use living wills and durable medical powers of attorney.
  3. (New Section) We support free choice for health care services, products and procedures, including the right to use experimental treatments.
  4. (New Section) We support the use of free market regulation for medical testing and advocacy.
  5. (New Section) Government shall not regulate, tax, nor prohibit the production, ownership, or sale of medication.
  6. (New Section) Government shall not mandate medical health care or require insurance providers to administer or cover treatment.
  7. (New Section) We support voluntary medical boards and the free market establishment of industry standards and practices, and oppose government created barriers to entry. The manufacture of medication and medical equipment must not require approval by the government.

XII. SECESSION

  1. (Main Text Converted to Section 1) We recognize the right to political secession. Exercise of this right, like the exercise of all other rights, does not remove legal and moral obligations not to violate the rights of others.
  2. (New Section) We support the right of sovereigns to secede. This includes the individual citizen and the State member of the Union of States, in our case Florida. The sovereign individual is in a voluntary relationship with the State. The State is in a voluntary relationship with the Union of States. These deliberative bodies shall, from time to time, have active debate discerning the state of their union to these larger bodies of government.
  3. (New Section) We support the right of municipalities to localize how they see fit through the ability to secede from an authority and form independent jurisdictions. Municipalities may split, join together, or self-govern how they see fit.

XIII. OMISSIONS (No Changes)

Our silence about any other particular government law, regulation, ordinance, directive, edict, control, restriction, regulatory agency, activity, or objections should not be construed to imply approval.