Welcome to the Florida Association of Public Insurance Adjusters :: FAPIA.net :: FAPIA - Rules of Professional Conduct & Adjuster Ethics

PREAMBLE

We, the Florida Association of Public Insurance Adjusters, in order to establish and maintain the highest level of professional standards and services, for the purposes of protecting our rights and the rights of insured's throughout the State of Florida, to provide a means for solving and dealing with our common concerns, to insure harmonious working relations with one another and promote general welfare, adopt this constitution for our Association.

ARTICLE I

NAME

Section 1. The name of the Association shall be the Florida Association of Public Insurance Adjusters. (FAPIA)

ARTICLE II

Section 1. The Association shall be a non-profit organization.

ARTICLE III

Section 1. The objectives of the Association are:

(a). To organize the Public Insurance Adjusters of the State of Florida to better serve the interests of the insured citizenry of the State and to help facilitate the expeditious and proper handling of insurance losses and claims.

(b). To unite the Public Insurance Adjusters of the State of Florida for their mutual benefit, education and protection, as well as to benefit and protect the general public.

(c). To establish and maintain high standards of professional conduct and efficiency among its members, and to study and assist in carrying out the provisions of all laws and regulations pertaining to Public Insurance Adjusters that may be enacted or formulated by the U. S. Government or by the Florida Legislature and Insurance Department of the State of Florida.

(d). To advance and protect the interests of its members, to promote their welfare, and to attain a spirit of helpful assistance and cooperation among its members.

(e). To become a source of consultation regarding industry issues for the Florida Department of Insurance.

ARTICLE IV

SEAL

Section 1. The seal of the Association shall be circular in form and shall contain on its outer rim the words �Florida Association of Public Insurance Adjusters,� and the center shall display the date and place of organization.

ARTICLE V

PUBLIC INSURANCE ADJUSTER

Section 1. The term, Public Insurance Adjuster, shall mean any person who is licensed by the State of Florida to act as a Public Insurance Adjuster.

ARTICLE VI

MEMBERSHIP

      Section 1. Full Membership: Individuals, who of good character act, as public insurance adjusters, as previously defined in Article V, and who fulfill all other requirements of the Association, shall be eligible for membership.

      Section 2. Associate Members: Any non-licensed individual of good character who pays the membership fee and services the Public Insurance Adjusting Profession:

            a. Associate membership is not available to:

   1. any individual whose license has been suspended or revoked by the appropriate governmental authorities.
   2. any individual, corporation, or entity who is in the business of building construction including its employees and/or representatives.
   3. any insurance restoration company including its employees and/or representatives who hold themselves out to perform insurance repair work, emergency services, remediation and the like.
   4. any individual who acts as a Building Damage Estimator and works independently of and not employed by a public adjusting firm. A Building Damage Estimator while in the employ of a public adjusting firm is eligible to join as an Associate Member.

b. Associate members cannot be elected to any position on the Board of Directors.

c. Associate members do not have voting rights.

   Section 3. Any Public Adjuster whose license has been suspended or revoked by the Florida State Insurance Department shall have their membership of this organization suspended for the same period of time.

   Section 4. Any Public Adjuster whose license has been suspended by the Department of Insurance, of any state, more than once, individually or cumulatively, is ineligible for membership for a period equal to that suspension.

   Section 5. Florida State Licensed Non-Resident Public Insurance Adjusters are eligible for membership of this Association. This type of designated member is not eligible to serve as an Officer of this Association, however may serve on the Board of Directors as one of the five elected members who hold no office. Only one Florida State Licensed Non-Resident Public Adjuster may serve on the Board of Directors at any given time.

   Section 6. Only FAPIA Members in good standing may attend the educational seminars. Only members who hold the designation of Public Insurance Adjuster may attend FAPIA�s Business Meeting unless invited by majority agreement of the Officers and Board of Directors.

ARTICLE VII

OFFICERS

   Section 1. The Officers of the Association shall consist of a President, President-Elect, Vice President, Treasurer, and Secretary, all in ascending order.

   Section 2. Officers shall be elected by the members at each Annual Meeting of the Association for a term of one (1) year beginning immediately following each Annual Convention.

   Section 3. With the inception of the �Ladder�at the initial election, each Officer will be elected individually for that office which he or she is nominated. Subsequent to this election and after performing satisfactory service in that office for the term of one year, each Officer shall ascend to the next office in the following year. The President shall leave office after his term of one year. With the ascension of all other Officers, the Office of Secretary will be left open. New individual members will then be nominated for the Office of Secretary for the upcoming year. A slate of Officers will be presented at the Annual Convention and shall include the newly ascended Officers into their respective positions with the nominee for Secretary. At that time, competing nominees for Secretary and the five (5) non-officer Board Members can be submitted by the membership and voted on accordingly. A majority vote by the membership present at the meeting will induct the new slate of Officers into office.

   Section 4. Officers shall serve without compensation. All Officers shall be members of the Board of Directors.

   Section 5. Officers and any member of the Board of Directors can be removed from office for just cause by a 2/3 vote by the entire Board of Directors present at a duly noticed meeting.

   Section 6. No person who is employed by the same Public Adjusting firm, in which an Officer is also employed, shall be eligible to be elected as the immediate successor to any such Officer on the conclusion of his/her term in office. Employment changes, at mid-term, will not nullify the Officer�s service.

ARTICLE VIII

DUTIES OF OFFICERS

   Section 1. The President shall be in charge of the affairs of the Association. He/she shall preside at all meetings of the Association, shall execute all duties usually pertaining to the Office of President, and shall execute and carry out all rules and regulations relating to the administration of the Association. The President shall also be the Officer in Charge of the Legislative Committee as is herein described.

   Section 2. In the absence or disability of the President, the President Elect shall have and exercise all of the powers and duties of the President.

   Section 3. The Vice-President shall perform duties as are delegated to him/her by the President. He/she shall be the Officer in Charge of the Ethics Committee as is herein described.

   Section 4. The Treasurer shall provide a quarterly report to the Board of Directors as to the funds of the Association and shall report to the Association, concerning its funds, at each Annual Convention or upon request of the President. All disbursements shall be made by checks drawn on the account or accounts of the Association. Each check of the Association for the sum in excess of One Thousand Dollars ($1,000.00) shall require the signature of the President and Treasurer. Each check of the Association for less than One Thousand Dollars ($1,000.00) shall require the signature of the President or the Treasurer. He shall deliver to his successor in office all records in his possession belonging to the Association. The Treasurer shall coordinate his duties and cooperate with the President, as well as provide all documents as are reasonably requested, to the President or the Board of Directors. The Treasurer shall be the Officer in Charge of the Membership Committee as is herein described.

   Section 5. The Secretary shall keep records of the proceedings of the organization as directed by the President, and shall deliver to his successor in office all books and papers belonging to the organization which are in his/her possession. He/she shall read at each meeting the minutes of the previous meeting. He/she shall perform such duties as may be delegated to him/her from time to time by the President. The Secretary shall be the Officer in Charge of the Public Relations Committee as is herein described.

ARTICLE IX

DUTIES OF PRESIDENT-ELECT

Section 1. The duties of the President-Elect shall be those assigned to him by the President and the Board of Directors, and to specifically assist in the planning of events and matters of the Association for the upcoming year for which the President-Elect will serve as President. The President Elect shall be the Officer in Charge of the Convention Committee as is herein described.

ARTICLE X

BOARD OF DIRECTORS

Section 1. The Board of Directors shall consist of the five (5) Officers, five (5) non-officer Members, and all Past-Presidents, whose duties shall be to supervise all affairs of the Association. All members of the Board shall have one (1) vote each. The Past-President�s Committee will have one (1) collective vote. Five (5) members of the Board of Directors shall constitute a quorum for the transaction of business and the President shall preside as Chairman at all meetings of the Board of Directors. At the time of their election, the Officers and five (5) non-officers of the Association shall not, at the same time, include more than two (2) persons from the same Public Adjusting Firm. The Board of Directors shall meet a minimum of four (4) times per year: once, each, at the Annual and Semi-Annual Conventions, along with one (1) quarterly meeting scheduled after each convention, but before the other. The Board of Directors shall serve without compensation.

ARTICLE XI

COMMITTEES

   Section 1. There shall be six (6) committees designated to serve. They are as follows: Membership, Ethics, Public Relations, Convention, Legislative, and Past-Presidents. The duly charged goals and responsibilities of each committee, with their Officers in Charge, are a part of these By-Laws by attachment.

   Section 2. Members of all committees shall be appointed by the incoming President for the upcoming year of service at the incoming President�s inauguration meeting.

   Section 3. The Officer in Charge (OIC) of each committee will be its Chairman whose duty it will be to direct the activity of their respective committee. Additionally, the OIC will direct the preparation of its committee�s Activity Reports, that will be created for presentation at quarterly, semi-annual, and annual meetings.

   Section 4. Each committee shall work to meet the goals set by the President and work to enhance the goals of this Association.

   Section 5. Any committee member may decline appointment or may resign his/her appointment to any committee giving his/her resignation to the President.

   Section 6. A special nominating committee shall exist to nominate the new slate of Officers and Directors, including the new �ladder� entry for Secretary. This committee will consist of the Past Presidents one (1) and two (2) years removed, the outgoing President, the ascending President, and the ascending President Elect.

MEMBERSHIP COMMITTEE

OIC � Treasurer

The goals of this committee are to increase membership and maintain a current membership list. Oversee the application process. Coordinate with the Treasurer for the billing and collection of new and renewal membership dues. Provide one (1) member to work the convention entrance table for membership dues reference and the collection of outstanding meeting fees.

ETHICS COMMITTEE

OIC � Vice President

The goals of this committee are to review the Code of Ethics and Conduct as required by the Department of Insurance (DOI) and the Florida Association of Public Insurance Adjusters (FAPIA), making sure that FAPIA is in compliance with all DOI standards. Handle any grievances as filed by any member against another. Monitor DOI complaints, suspensions, and revocations involving members, while reporting on same to the Board of Directors with recommendations for resolution.

PUBLIC RELATIONS

OIC-Secretary

The goals of this committee are to prepare news releases on Association business as well as the Association�s Newsletter. The Newsletter shall be prepared twice per year, at the half way mark between each meeting. A FAPIA advertisement should be prepared in advance of any major catastrophe and stand ready for deployment into any key metropolitan newspaper that is in the vicinity of the disaster. Costs should be researched and on file in advance for all of the major newspapers in the state. Maintain the Association website.

CONVENTION

OIC-President Elect

The goals of this committee are to organize and prepare the Annual and Semi-Annual Conventions. This includes among other things: preparing the schedule of events, preparing the Seminar Booklet, and securing speakers with pertinent topics of interest. Coordinate with the Treasurer regarding convention expenses and payment thereof. Provide one (1) member to work the convention entrance table to help with receiving payment of meeting fees and outstanding dues of the Association�s members

LEGISLATIVE

OIC-President

The goals of this committee are to network with DOI officials to track and discuss any pending legislation in the State Legislature. Coordinate with any Lobbyist working on behalf of the Association. Physically responsible for the revision, activation, and distribution of all By-Law Amendments proposed and/or approved, by the membership.

PAST PRESIDENTS COMMITTEE

OIC-Immediate Past President

The goals of this committee are to provide special counsel to the president and take on special projects as are designated by the president. All past presidents shall be entitled to attend and participate in all Board of Directors meetings without individual votes. However, the committee shall have one (1) vote as a body. Majority vote, within the committee, shall be cast as the committee�s vote by the Immediate Past President.

ARTICLE XII

MEETINGS OF THE ASSOCIATION

   Section 1. The Association shall have an Annual and Semi-Annual Convention in each calendar year, at a time and place determined by the Board of Directors.

   Section 2. Special Meetings may be called by the President, the Board of Directors, or upon written request of ten (10) members of the Association.

   Section 3. Notices of the Annual and Semi-Annual Convention shall be mailed to each member no less than thirty (30) days prior to such meeting. Each notice shall state the place, fees, and date of the meeting and so far as practicable, shall outline the business to be transacted. Notice of each Special Meeting, stating the date and place of such meeting and the business proposed to be transacted therein, shall be mailed to each member no less than ten (10) days prior to the date of such meeting. No business shall be transacted at any Special Meeting other than that specified in the notice.

   Section 4. Proceedings at any meeting shall be according to �Roberts Rule of Order� under the direction of the President or his or her designate.

   Section 5. Voting at each regular or Special Meeting shall be by Members present in person, and each present Member, who is entitled to vote pursuant to Article X shall have one (1) vote.

   Section 6. A majority of the Members entitled to vote shall constitute a quorum at any meeting and a majority vote of the voting Members present shall be necessary to authorize any act of the Association, unless otherwise provided herein.

ARTICLE XIII

INITIATION FEES AND ANNUAL DUES

   Section 1. Initiation Fees: There shall be no initiation fee for members of the Association unless approved at a meeting by a majority vote of members.

   Section 2. The Board of Directors of the Association shall have exclusive powers to determine and establish the amounts and classifications of Annual Dues of the Association for each Fiscal Year.

   Section 3. Invoices for the renewal dues shall be mailed to all members two months prior to the deadline, each year. Renewal dues are payable within sixty (60) days. From the conclusion of the Semi-Annual Convention forward, any new members joining the Association will be invoiced a charge for dues at one-half the rate for a full year�s membership. Any member who has non-renewed his/her membership, due to lack of payment, upon rejoining the Association, will be required to pay a full one (1) year rate to regain their membership, regardless of the date they are paying. Any member delinquent with their dues in the current year, will be required to pay a full one (1) year rate to regain their membership, regardless of the date they are paying.

   Section 4. Arrearages: Each member whose dues are not paid within sixty (60) days of billing, shall be notified by the Secretary that unless his/her dues and assessments are paid before the Annual Convention, he/she will be suspended from Membership and ineligible to vote. Any member who shall not have paid dues by the date of the Annual Convention, after notice has been mailed by the Secretary, as provided herein, shall be automatically suspended from Membership and ineligible to vote. However, if such delinquent member shall pay his dues after such suspension, the delinquent member shall be automatically reinstated.

ARTICLE XIV

FISCAL YEAR AND BUDGET

Section 1. The fiscal year of the Association shall be set and established by the Board of Directors for this Association.

Section 2. The Board of Directors shall prepare a budget for the immediately ensuing fiscal year, specifying the estimated revenues of the Association, the amounts to be appropriated and expended for the purposes and activities of the Association. The Board of Directors may amend the budget, from time to time, during any fiscal year of the Association.

ARTICLE XV

AMENDMENTS

Section 1. Amendments or additions to the Constitution and By Laws may be made at any Annual Convention or Special Meeting, or any other Meeting of the Association designated for such purpose by the President of the Association, by a two-thirds (2/3) vote of all the Members present, after having been submitted by written notice at least thirty (30) days previously to the Membership. Any proposed change to the Constitution or By Laws must be approved by a majority vote of the Officers, Board of Directors and Past President�s Committee before the change can be presented to the membership and voted upon. Failure to reach a majority vote by the Officers, Board of Directors and Past President�s Committee shall determine the change to be unworthy of a full membership vote. Amendments shall become effective immediately upon approval. Recommended Amendments shall be made in writing and may be made by any committee, the Board of Directors, or any Member. The Legislative Committee shall be responsible for recording all approved changes into the By Laws and distributing same to the Membership.