Are we required to do background checks on the candidates running for the board of directors?

By December 5, 2018News, Questions & Answers

Q:  I’m on the board of directors and our election is coming up.  I know there are some rules about people not being able to run if they have been convicted of a crime.  Are we required to do background checks on the candidates?

-K.L., Boynton Beach

A:  The rule that you are thinking of is 718.112(2)(d) Fla. Stat. which states that anyone who has been convicted of any felony in Florida or in a United States District or Territorial Court, or who has been convicted of any offense in another jurisdiction which would be considered a felony if committed in Florida, is not eligible to serve on the board unless their civil rights have been restored for at least 5 years as of the date they seek election to the board.  That being said, the board is not required to complete a background check on any candidate for the board under 718 Fla. Stat.