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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. A veteran who served honorably but
who has not met the criteria for the award of a campaign or
expeditionary medal for service in Operation Enduring Freedom or Operation
Iraqi Freedom, qualifies for preference in appointment, effective July 1,
2007. The service dates are defined as follows:
- Operation Enduring
Freedom October 7, 2001 to date to be determined.
Operation Iraqi Freedom March
19, 2003 to date to be determined.
The unremarried widow or widower of a veteran who
died of a service-connected disability.
Any Armed Forces Expeditionary Medal, as well as the
Global War on Terrorism Expeditionary Medal are 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 10 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 (10
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
Veterans preference in perpetuity: A person eligible for veterans preference in
appointment (defined by s. 295.07, FS) does not forfeit employment
preference eligibility once that veteran or eligible spouse of the veteran
has been employed by a state agency or any political subdivision of this
state. Effective July 1, 2007, Florida law restores veterans preference in
employment for all categories of protected individuals previously employed by
a state agency or any political subdivision of this 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 veterans
first promotion after reinstatement or reemployment, without exception.
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