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Veteran's
Preference and the State of Florida |
I. GENERAL
Chapter 295, Florida Statutes, sets
forth certain requirements for public employers to accord preferences,
in appointment, retention and promotion, to certain veterans and
spouses of veterans who are Florida residents. The relevant portions
of the law apply to “the state and its political subdivisions”. Public
utilities, state universities, school districts and special taxing
districts are subject to the requirements of Chapter 295
II. CATEGORIES OF PROTECTED INDIVIDUALS
Section 295.07, Florida Statutes,
extends veterans’ preference to:
·
A veteran with a service-connected disability who is eligible for or
receiving compensation, disability retirement, or pension under public
laws administered by the U.S. Department of Veterans Affairs and the
Department of Defense.
·
The spouse of a veteran who cannot qualify for employment because of a
total and permanent service-connected disability, or the spouse of a
veteran missing in action, captured, or forcibly detained by a foreign
power
· A
veteran of any war who has served on active duty for one day or more
during a wartime period, excluding active duty for training, and who
was discharged under honorable conditions from the Armed Forces of the
United States of America.
·
The unremarried widow or widower of a veteran who died of a
service-connected disability.
·
Receipt of any Armed Forces Expeditionary Medal is qualifying for veterans' preference.
III. REQUIRED NOTICE BY EMPLOYERS
Public employers must give notice in
all announcements and advertisements of vacancies, that preference in
appointment will be given to eligible veterans and spouses, and
application forms must inquire whether the applicant is claiming
veterans’ preference, and whether the applicant has claimed such a
preference. The regulations provide that an applicant claiming
preference is responsible for providing required documentation at the
time of making application, but also state that the covered employer
must inform applicants of the requirements for documentation
IV. PREFERENCE REQUIRED AT EACH STEP
An eligible veteran is entitled to
preference at each stage of the hiring process; however, the
preference is not absolute.
V. EMPLOYMENT PREFERENCE WHEN A NUMERICALLY BASED SELECTION
PROCESS IS USED
·Employment
preferences, where numerically based examinations are used as a device
for selections, consists of adding ten points to the score of the
first category of applicants (disabled veterans and spouses of
disabled or missing veterans) and five points to the score of other
preference-eligible applicants.
·
The rules provide that where the requisite points (ten points to
individuals in the first category, and five points to other
applicants) have been adjusted to test scores, the names of all the
preference-eligible applicants shall be placed on a register or
employment list, beginning with those disabled veterans with
disability ratings of 30 percent or more, and followed by all other
preference-eligible applicants in the order of their augmented
ratings.
·The
regulations state that “appointments to positions will be made from
the appropriate register or employment list in the rank order of their
augmented ratings.”
VI. PREFERENCE WHEN A NUMERICALLY BASED SELECTION PROCESS IS
NOT USED
Preference must be given to protected
individuals provided such persons possess the minimum qualifications
necessary to the discharge of the duties involved. The rule defines
“minimum qualifications” to mean a “specification” of the kinds of
experience, training, education and/or licensure or certification that
provides “appropriate job-related evidence that an applicant possesses
the minimum required knowledge, skills, and abilities necessary to the
discharge of the duties involved.”
VII. OTHER PROVISIONS REGARDING PREFERENCE
·Single
claim to preference
The rules incorporate the concept that an eligible veteran or
spouse has a single claim to preference, exercisable only once. A
veteran’s employment preference expires once the veteran has applied
and been employed by the agency or any political subdivision of the
state.
·Preference
in layoffs
Where a layoff is necessitated in a covered position, similar
preferences must be given to the covered employee in the retention
process.
·Preference
in reinstatement or reemployment
When an employee in a covered position leaves employment for the
purpose of serving in the armed forces, he or she is entitled to
reinstatement or reemployment upon release or discharge from active
military service.
·Promotion
preference
Promotion preference applies only to a veteran’s first promotion
after reinstatement or reemployment, without exception.
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VIII. EXEMPT POSITIONS
Chapter 295,
Florida Statutes, provides for a preference in employment for certain
classes of covered positions. However, section ch. 98-33, s. 2, Laws of Fla., exempts
from the law positions that are exempt from the state career service
system under Section 110.205 (2), Florida Statutes.
The 2001 session of the
Florida Legislature enacted a significant change to the law concerning
exempt positions for veteran's preference at the political subdivision
level. Governor Bush signed the bill and the change became effective
July 1, 2001. Senate Bill 1344 eliminates the exemption for some of
the previously exempted positions. As of the effective date of the
law, city managers, county managers, and management and policymaking
positions of political subdivisions of the state are now eligible for
preference in appointment and retention as provided in s. 295.07(1).
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IIX. ENFORCEMENT
If an applicant claiming veterans’
preference for a vacant position is not selected, he/she may file a
complaint with the
Florida
Department of Veterans' Affairs (FDVA)
Mary Grizzle Building, Suite 311-K
11351 Ulmerton Road
Largo, Fl 33778-1630.
A complaint must be filed within
twenty-one days of the applicant receiving notice of the hiring
decision made by the employing agency or within three months of the
date the application is filed with the employer if no notice is given.
The enforcement mechanism established by the regulations provide for
an initial investigation by the Florida Department of Veterans’
Affairs, followed by an evidentiary proceeding before the Public
Employees Relations Commission if the matter cannot be earlier
resolved.
For additional
information concerning veterans' preference, please contact the
Florida Department of Veterans' Affairs
By phone at: (727) 518-3202, ex. 548
By email:
burnsj@fdva.state.fl.us
Or write:
Florida Department of Veterans'
Affairs (FDVA)
Mary Grizzle Building, Suite 311-K
11351 Ulmerton Road
Largo, Fl 33778-1630
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