Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 295.09 | Lawyer Caselaw & Research
F.S. 295.09 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 295.09

The 2023 Florida Statutes (including Special Session C)

Title XX
VETERANS
Chapter 295
LAWS RELATING TO VETERANS: GENERAL PROVISIONS
View Entire Chapter
F.S. 295.09
295.09 Reinstatement or reemployment; promotion preference.
(1)(a) When an employee of the state or any of its political subdivisions employed in a position subject or not subject to a career service system or other merit-type system, not including positions that are exempt pursuant to s. 295.07(5), has served in the Armed Forces of the United States and is discharged or separated therefrom with an honorable discharge, the state or its political subdivision shall reemploy or reinstate such person to the same position that he or she held before such service in the armed forces, or to an equivalent position, provided that such person returns to the position within 1 year after his or her date of separation or, in cases of extended active duty, within 1 year after the date of discharge or separation subsequent to the extension. Such person must also be awarded preference in promotion and be promoted ahead of all others who are as well qualified or less qualified for the position. When an examination for promotion is used, such person must be awarded preference points, as provided in s. 295.08, and be promoted ahead of all those who appear in an equal or lesser position on the promotional register, provided that he or she first successfully passes the examination for the promotional position.
(b) The provisions of paragraph (a) shall also apply to a person who was a veteran when employed by the state or its political subdivision and who was recalled to extended active duty in the Armed Forces of the United States and was discharged or separated therefrom with an honorable discharge.
(c) The provisions of paragraphs (a) and (b) shall apply only to a veteran’s first promotion after reinstatement or reemployment, without exception.
(2) For the purposes of this section, “extended active duty” means active duty, other than for training, beyond the date of honorable discharge or separation, due to military requirements.
History.s. 3, ch. 24201, 1947; s. 1, ch. 77-422; s. 2, ch. 78-372; s. 2, ch. 80-370; s. 3, ch. 89-323; s. 250, ch. 95-148; s. 81, ch. 99-13; s. 5, ch. 2021-57.

F.S. 295.09 on Google Scholar

F.S. 295.09 on Casetext

Amendments to 295.09


Arrestable Offenses / Crimes under Fla. Stat. 295.09
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 295.09.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . wartime did not preclude his entitlement to a lieutenant’s promotional preference, pursuant to section 295.09 . . . Rule 55A-7.0111, Florida Administrative Code, which implemented section 295.09, Florida Statutes (2012 . . . Neither is the City’s requirement consistent with rule 55A-7.0111 and section 295.09. . . . Brennan was not required to submit his 2003 DD-214 form with his job application, pursuant to section 295.09 . . . Section 295.09 provides as follows: Reinstatement or reemployment; promotion preference. . . .

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). . . .

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

. . . rules adopted by the commission, determines that a violation of s. 295.07, s. 295.08, s. 295.085, or s. 295.09 . . . employee, or officer of the state to comply with the provisions of s. 295.07, 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. 295.08, s. 295.085, or s. 295.09(l)( . . . (referring only to section 295.09(l)(a) and (b)). . . .

KELLER, Jr. v. PUBLIC EMPLOYEES RELATIONS COMMISSION,, 691 So. 2d 36 (Fla. Dist. Ct. App. 1997)

. . . Keller relies on section 295.09, Florida Statutes (1995) as the basis for his entitlement to a preference . . . : 295.09 Reinstatement or reemployment; promotion preference (l)(a) When an employee of the state or . . .

RAMIREZ, v. CITY OF MIAMI,, 627 So. 2d 48 (Fla. Dist. Ct. App. 1993)

. . . . § 295.09, Fla.Stat. (1977) (emphasis added). . . . Instead, he argues that the amendment to section 295.09 took effect during the life of the promotional . . . Ramirez was not entitled to veteran’s preference points under section 295.09, Florida Statutes (1977) . . . Section 295.09, Florida Statutes (1979), provided for the award of preference points “on promotional . . . In Burmeister, the court focused on the version of section 295.09 in effect when the employee took the . . .

CITY OF MIAMI, a v. G. BURMEISTER,, 512 So. 2d 1047 (Fla. Dist. Ct. App. 1987)

. . . Prior to 1978, section 295.09 provided that the preference points would be awarded only to certain veterans . . . apply only to a veteran's first promotion after reinstatement or reemployment, without exception.” § 295.09 . . . Section 295.09(l)(c), Florida Statutes (1985), is a clear expression of the legislative intent to award . . .

C. STEVENS, D. v. CITY OF MIAMI D., 500 So. 2d 305 (Fla. Dist. Ct. App. 1986)

. . . signed because they were unaware at the time they executed it of the “veterans preference” in-Section 295.09 . . .

CITY OF MIAMI, v. FARRINGTON, CITY OF MIAMI, v. R. JOYCE,, 405 So. 2d 1043 (Fla. Dist. Ct. App. 1981)

. . . Rezeau, 62 So.2d 726 (Fla. 1952); § 295.14(2), Fla.Stat. (1980); § 295.09, Fla.Stat. (1978). . . .

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

. . . appointment and reemployment, and in retention of position, then specified in companion sections, 295.08 and 295.09 . . .

YATES v. REZEAU, 62 So. 2d 726 (Fla. 1952)

. . . as the Civil Service Board of the City of Miami, have properly interpreted the provisions of Section 295.09 . . . Section 295.09 requires municipalities and other designated public bodies whose employees are under a . . . We hold, then, that the provisions of Section 295.09, when interpreted consistently with the legislative . . .