Florida Statute 295.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XX
VETERANS

Chapter 295
LAWS RELATING TO VETERANS: GENERAL PROVISIONS

View Entire Chapter

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 Citing Statute 295.07

Total Results: 16

Brennan v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 2014-09-03

Citation: 146 So. 3d 119, 2014 Fla. App. LEXIS 13677, 2014 WL 4340997

Snippet: those positions which are exempt pursuant to s. 295.07(4), has served in the Armed Forces of the United

School District of Collier County v. Fuqua

Court: District Court of Appeal of Florida | Date Filed: 2014-02-05

Citation: 136 So. 3d 687, 2014 WL 444034, 2014 Fla. App. LEXIS 1421

Snippet: Florida’s veterans’-preference statutes. See §§ 295.07-295.09, Fla. Stat. (2012). We have jurisdiction

City of Deland v. Landolfi

Court: District Court of Appeal of Florida | Date Filed: 2012-08-17

Citation: 97 So. 3d 869, 2012 WL 3537225, 2012 Fla. App. LEXIS 13622

Snippet: consideration, is a clear violation of [section 295.07(2), Florida Statutes, and Florida Administrative

Cagle v. St. Johns County School District

Court: District Court of Appeal of Florida | Date Filed: 2006-09-01

Citation: 939 So. 2d 1085, 2006 Fla. App. LEXIS 14626

Snippet: veterans' preference in hiring pursuant to section 295.07(1)(b), Florida Statutes (2004).[1] After the School

Cohen v. Florida Department of Law Enforcement

Court: District Court of Appeal of Florida | Date Filed: 1995-05-22

Citation: 654 So. 2d 1058, 1995 Fla. App. LEXIS 5451, 1995 WL 307155

Snippet: requested a veteran’s preference pursuant to section 295.07, Florida Statutes. When advised that all positions

West Coast Regional Water Supply Authority v. Harris

Court: District Court of Appeal of Florida | Date Filed: 1992-09-02

Citation: 604 So. 2d 892, 1992 Fla. App. LEXIS 9449, 1992 WL 212022

Snippet: “veteran’s preference” in hiring statute, Sections 295.07 and 295.085, Florida Statutes (1989), appellant

Drayovitch v. City of Jacksonville

Court: District Court of Appeal of Florida | Date Filed: 1991-10-08

Citation: 587 So. 2d 588, 1991 Fla. App. LEXIS 10440, 1991 WL 204610

Snippet: employment, for which he qualified under section 295.07, Florida Statutes (1989). We agree with PERC’s

Harris v. State, Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 1990-10-04

Citation: 568 So. 2d 475, 1990 Fla. App. LEXIS 7587, 1990 WL 146894

Snippet: officer concluded that the County violated Sections 295.07 and 295.085, Florida Statutes, by not providing

Snippet: attained permanent civil service status. Section 295.07, Florida Statutes 1947, F.S.A., provides that “preference

Syfert Injury Law Firm