The 2023 Florida Statutes (including Special Session C)

Title XX
VETERANS

Chapter 295
LAWS RELATING TO VETERANS: GENERAL PROVISIONS

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F.S. 295.07

295.07 Preference in appointment and retention.—

(1) The state and its political subdivisions shall give preference in appointment and retention in positions of employment to:

(a) Those disabled veterans:

1. Who have served on active duty in any branch of the United States Armed Forces, have received an honorable discharge, and have established the present existence of a service-connected disability that is compensable under public laws administered by the United States Department of Veterans Affairs; or

2. Who are receiving compensation, disability retirement benefits, or pension pursuant to public laws administered by the United States Department of Veterans Affairs and the United States Department of Defense.

(b) The spouse of a person who has a total disability, permanent in nature, resulting from a service-connected disability and who, because of this disability, cannot qualify for employment, and the spouse of a person missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power.

(c) A wartime veteran as defined in s. 1.01(14), who has served at least 1 day during a wartime period. Active duty for training may not be allowed for eligibility under this paragraph.

(d) The unremarried widow or widower of a veteran who died of a service-connected disability.

(e) The mother, father, legal guardian, or unremarried widow or widower of a member of the United States Armed Forces who died in the line of duty under combat-related conditions, as verified by the United States Department of Defense.

(f) A veteran as defined in s. 1.01(14). Active duty for training may not be allowed for eligibility under this paragraph.

(g) A current member of any reserve component of the United States Armed Forces or the Florida National Guard.

(2) The state and its political subdivisions may waive a postsecondary educational requirement for a position of employment, other than those positions made exempt under subsection (5), for a current member of any reserve component of the United States Armed Forces or the Florida National Guard or a veteran who has been honorably discharged if the person is otherwise qualified for the position.

(3) The Department of Veterans’ Affairs shall adopt rules to ensure that veterans are given special consideration in the employing agency’s selection and retention processes. The rules must include the award of point values as articulated in s. 295.08, if applicable, or, where point values are not relevant, must include procedures to ensure that veterans are given special consideration at each step of the employment selection process, unless the sponsoring governmental entity is a party to a collective bargaining agreement, in which case the collective bargaining agreement must comply within 90 days following ratification of a successor collective bargaining agreement or extension of any existing collective bargaining agreement.

(4) Preference in employment and retention, or educational waivers, may be given only to eligible persons who are described in subsection (1) or subsection (2).

(5) The following positions are exempt from this section:

(a) Those positions that are exempt from the state Career Service System under s. 110.205(2); however, all positions under the University Support Personnel System of the State University System as well as all Career Service System positions under the Florida College System and the School for the Deaf and the Blind, or the equivalent of such positions at state universities, Florida College System institutions, or the School for the Deaf and the Blind, are not exempt.

(b) Positions in political subdivisions which are filled by officers elected by popular vote or persons appointed to fill vacancies in such offices, members of boards and commissions, persons employed on a temporary basis without benefits, and positions that require that the employee be a member of The Florida Bar.

(6)(a) Each state agency and political subdivision shall develop and implement a written veterans’ recruitment plan that establishes annual goals for ensuring the full use of veterans in the agency’s or political subdivision’s workforce. Each veterans’ recruitment plan must be designed to meet the established goals.

(b) The Department of Management Services shall collect statistical data from each state agency on the number of persons who claim veterans’ preference, the number of persons who are hired through veterans’ preference, and the number of persons who are hired as a result of the veterans’ recruitment plan. The department shall annually update the statistical data required by this paragraph on its website and include such statistical data in its annual workforce report.

(c) For purposes of this subsection, the veterans’ recruitment plan applies to the eligible persons described in subsections (1) and (2).

History.—s. 1, ch. 24201, 1947; s. 1, ch. 70-7; s. 1, ch. 77-422; s. 1, ch. 78-372; s. 1, ch. 80-370; s. 4, ch. 87-356; s. 1, ch. 89-323; s. 3, ch. 92-80; s. 2, ch. 98-33; s. 79, ch. 99-13; s. 1, ch. 2001-273; s. 2, ch. 2003-42; s. 42, ch. 2007-217; s. 41, ch. 2013-15; s. 8, ch. 2014-1; s. 1, ch. 2016-102; s. 2, ch. 2021-57.

F.S. 295.07 on Google Scholar

F.S. 295.07 on Casetext

Amendments to 295.07

Arrestable Offenses / Crimes under Fla. Stat. 295.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 295.07.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BRENNAN, v. CITY OF MIAMI,, 146 So. 3d 119 (Fla. Dist. Ct. App. 2014)

. . . system or other merit-type system, with the exception of those positions which are exempt pursuant to s. 295.07 . . .

SCHOOL DISTRICT OF COLLIER COUNTY, v. FUQUA,, 136 So. 3d 687 (Fla. Dist. Ct. App. 2014)

. . . See §§ 295.07-295.09, Fla. Stat. (2012). We have jurisdiction. See Fla. R. App. P. 9.030(b)(1)(C). . . . narrowly describes Title 1 as “a federal program for students on free or reduced lunch programs.” . 295.07 . . .

CITY OF DELAND, v. LANDOLFI,, 97 So. 3d 869 (Fla. Dist. Ct. App. 2012)

. . . , s. 295.08, s. 295.085, or s. 295.09(l)(a) or (b); and, in the event of a violation of s. 295.07, s. . . . (breaking section 295.14(1) into two clauses and adding sections 295.07, 295.08, and 295.085(1) to the . . . However, we review de novo PERC’s determination that the City violated section 295.07(2) because that . . . Section 295.07(2) does not require covered employers to do anything; the statute simply authorizes DVA . . . The City argues that PERC’s conclusion that it violated section 295.07(2) by failing to grant Landolfi . . .

W. WOOD, Jr. v. FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES,, 432 F. App'x 812 (11th Cir. 2011)

. . . . § 295.07, when it failed to initially hire and then retain him. . . . Stat. § 295.07; Cohen v. . . . Stat. § 295.07. . . .

J. B. CAGLE, v. ST. JOHNS COUNTY SCHOOL DISTRICT,, 939 So. 2d 1085 (Fla. Dist. Ct. App. 2006)

. . . the wife of a disabled veteran who qualifies for a veterans’ preference in hiring pursuant to section 295.07 . . . In relevant part, section 295.07(l)(b), Florida Statutes (2004), provides: (1) The state and political . . .

W. BASS, v. BOARD OF COUNTY COMMISSIONERS, ORANGE COUNTY, FLORIDA,, 256 F.3d 1095 (11th Cir. 2001)

. . . . §§ 295.07 & 295.085. The County moved for summary judgment. . . .

W. BASS, v. BOARD OF COUNTY COMMISSIONERS, ORANGE COUNTY, FLORIDA,, 242 F.3d 996 (11th Cir. 2001)

. . . . §§ 295.07 & 295.085. The County moved for summary judgment. . . .

W. BASS, v. BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY, FLORIDA,, 38 F. Supp. 2d 1001 (M.D. Fla. 1999)

. . . Protection Clause of the United States Constitution, and violates the Florida’s Veterans’ Preference Act, §§ 295.07 . . . Section 295.07 of the Florida Statutes states that “[t]he state and political subdivisions in the state . . .

COHEN, v. FLORIDA DEPARTMENT OF LAW ENFORCEMENT,, 654 So. 2d 1058 (Fla. Dist. Ct. App. 1995)

. . . the Florida Department of Law Enforcement and requested a veteran’s preference pursuant to section 295.07 . . . Section 295.07 requires that the State of Florida and its political subdivisions accord a preference . . .

WEST COAST REGIONAL WATER SUPPLY AUTHORITY, v. J. HARRIS, Jr., 604 So. 2d 892 (Fla. Dist. Ct. App. 1992)

. . . cross appeal involving the application of Florida’s “veteran’s preference” in hiring statute, Sections 295.07 . . . Section 295.07, Florida Statutes (1989), provides in pertinent part: (1) The state and its political . . . shall be given by the state and its political subdivisions first to those persons included under s. 295.07 . . . (l)(a) and (b), and second to those persons included under s. 295.07(l)(c) and (d), provided such persons . . . In the present case, appellant Harris qualifies for a veteran’s preference under Section 295.07(l)(c) . . .

DRAYOVITCH, Jr. v. CITY OF JACKSONVILLE,, 587 So. 2d 588 (Fla. Dist. Ct. App. 1991)

. . . appellee violated his right to a veteran’s preference in employment, for which he qualified under section 295.07 . . . The record shows that since accrual of his eligibility under section 295.07, appellant has been so employed . . .

J. HARRIS, Jr. v. STATE PUBLIC EMPLOYEES RELATIONS COMMISSION, 568 So. 2d 475 (Fla. Dist. Ct. App. 1990)

. . . was more qualified than appellant, the hearing officer concluded that the County violated Sections 295.07 . . . We would note that Section 295.07, Florida Statutes, establishes four classes of veterans or spouses . . . Appellant falls under section 295.07(l)(c) which applies to: (c) A veteran of any war who has served . . . shall be given by the state and its political subdivisions first to those persons included under s. 295.07 . . . (l)(a) and (b), and second to those persons included under s. 295.07(l)(c) and (d), provided such persons . . .

A. YATES, Jr. a E. A. v. PALMINTIERO,, 96 So. 2d 148 (Fla. 1957)

. . . Section 295.07, Florida Statutes 1947, F.S.A., provides that “preference shall be given to” certain veterans . . . Although F.S. § 295.07, F.S.A., was in full force and effect when appellee was laid off, ten other employees . . . Section 295.07, F.S.A. and the Civil Service Rule (which is a verbatim copy of the statute) or whether . . . Section 295.07, F.S.A., was not accorded to him, and he prayed for a writ commanding a rescission of . . . Section 295.07, F.S.A. . . . The appellants take the position that inasmuch as the legislature, after directing, in Sec. 295.07, supra . . . of Miami to govern lay-offs appears to ignore the advantages secured to a former serviceman by Sec. 295.07 . . .