Florida Statute 720.3033: HOA Director Education, Conflicts, Kickbacks and Removal

Quick Answer

Section 720.3033 of the Florida Statutes sets rules for HOA officers and directors: required education and certification, contracts with directors, a ban on kickbacks, removal on certain criminal charges, fidelity insurance or bonding, and conflict-of-interest disclosure. A director who does not file the education certificate on time "is suspended from the board until he or she complies."

The most important point for boards: new directors have 90 days from election or appointment to submit a certificate, and most directors also owe annual continuing education.

At a Glance

What the Law Says

Education and certification, subsection (1)

• Within 90 days after election or appointment, each director "must submit a certificate of having satisfactorily completed the educational curriculum administered by a department-approved education provider."
• The certificate "is valid for up to 4 years," and a director must complete the newly-elected-director education at least every 4 years.
• The curriculum must include "financial literacy and transparency, recordkeeping, levying of fines, and notice and meeting requirements."
• Continuing education: at least 4 hours annually for a director of an association with fewer than 2,500 parcels, and at least 8 hours annually for 2,500 parcels or more.
• A director who does not timely file is suspended until compliance, and the board "may temporarily fill the vacancy."
• The association must keep each certificate for inspection by members for 5 years after the director's election, but missing certificates do not affect "the validity of any board action."
• The department must adopt implementing rules.

Contracts with directors, subsection (2)

If the association contracts with a director, or with an entity (other than an affiliated homeowners' association) in which a director is also a director, officer or financially interested, the board must comply with s. 617.0832, enter the disclosures in the written minutes, approve the contract "by an affirmative vote of two-thirds of the directors present," and disclose it at the next regular or special members' meeting. On any member's motion the contract "shall be brought up for a vote and may be canceled by a majority vote of the members present," and the association then owes only "the reasonable value of goods and services provided up to the time of cancellation," with no termination fee or penalty.

Kickbacks, subsection (3)

An officer, director or manager may not solicit, offer to accept or accept a kickback. A kickback is "any thing or service of value for which consideration has not been provided" for the person's benefit or that of an immediate family member from a person providing or proposing to provide goods or services to the association. A knowing violation is a third-degree felony and is subject to monetary damages under s. 617.0834. If the board finds a violation, it "must immediately remove" the officer or director. Exceptions: food consumed at a business meeting with a value under $25 per individual, and goods or services received in connection with trade fairs or education programs.

Criminal charges, subsection (4)

A director or officer charged by information or indictment with forgery of a ballot envelope or voting certificate, theft or embezzlement of association funds or property, destruction of or refusal to allow inspection of official records "in furtherance of any crime," obstruction of justice, or any criminal violation under Chapter 720 "must be removed from office." While a charge is pending the person may not be appointed or elected to any association's board and may not have access to association records except by court order. If charges are resolved without a finding of guilt or accepted plea, the person is reinstated for any remainder of the term.

Insurance and conflicts, subsections (5) and (6)

The association must maintain insurance or a fidelity bond for all persons who control or disburse funds, covering the maximum funds in custody of the association or its management agent at any time. A majority of voting interests present at a properly called meeting may annually waive that requirement. Developer-appointed directors must disclose their relationship to the developer each year. Directors and officers must disclose any activity reasonably construed as a conflict "at least 14 days before voting on an issue or entering into a contract," with a rebuttable presumption of conflict if a director, officer or relative contracts with the association or holds an interest in an entity doing business with it without prior disclosure.

What This Means in Practice

For boards

Our reading: the 90-day clock runs from the date of election or appointment, so the board should calendar each director's deadline and record the certificate date. The statute says suspension applies automatically upon failure to file, but it uses permissive language ("may") for temporarily filling the seat.

For owners

Members can inspect education certificates for 5 years after a director's election, and can move to cancel a director contract at the next members' meeting after disclosure.

What the statute does not say

• It does not list approved providers or course length for the newly-elected-director curriculum. The department sets that by rule; see our page on Rule 61B-19.004.
• It does not say what counts as "satisfactorily completed" beyond the department-approved curriculum.
• Open question: how the 2026 conforming change in chapter 2026-168 interacts with the 617.0832 fairness standard. We read 617.0832 as it now stands, which protects a conflict transaction that is "fair to the corporation," but have not compared before and after versions.

Timeline

Related Florida Law

• Chapter 720, Homeowners' Association Act
• Fla. Admin. Code 61B-19.004, HOA director education
• Fla. Stat. § 617.0830, director duties
• Fla. Stat. § 718.3027, condominium conflicts
• HB 1203 (2024)
• HB 919 (2023)
• HB 797 (2026)

Board Checklist

• Record each director's election or appointment date and the 90-day certificate deadline.
• Confirm each certificate is from a department-approved provider and retain it for 5 years.
• Track annual continuing education hours (4 or 8, depending on parcel count).
• Adopt a written conflict disclosure form and require it at least 14 days before votes.
• For any director-related contract, enter 617.0832 disclosures in the minutes and obtain a two-thirds vote of directors present.
• Add the contract to the next members' meeting agenda.
• Confirm fidelity bond coverage matches maximum funds in custody, or document the annual member waiver vote.
• Adopt a gift policy that reflects the $25 meal limit.

Frequently Asked Questions

How long do new Florida HOA directors have to complete education?

90 days after being elected or appointed to submit the certificate.

How long is the certificate valid?

Up to 4 years, and the newly-elected-director education must be completed at least every 4 years.

Are there annual education hours too?

Yes: 4 hours for associations with fewer than 2,500 parcels, 8 hours for 2,500 parcels or more.

What happens if a director misses the deadline?

The director "is suspended from the board until he or she complies," and the board may temporarily fill the vacancy.

Does a missing certificate invalidate board actions?

No. Subsection (1)(c) says failure to have the certificate on file "does not affect the validity of any board action."

Is accepting a gift from a vendor a kickback?

A kickback is a thing of value for which consideration has not been provided. The statute exempts food at a business meeting under $25 per individual and items from trade fairs or education programs.

Can members cancel a contract with a director?

Yes, by majority vote of members present at the next meeting after disclosure, on motion of any member.

Where This Comes From

We read the full current text and History line of Fla. Stat. § 720.3033 and the current text of § 617.0832 on the Florida Legislature's Online Sunshine site. The official text is at leg.state.fl.us.

How APM Helps

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.