Florida Statute 295.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 295.07

Total Results: 16

Brennan v. City of Miami

Court: Fla. Dist. Ct. App. | Date Filed: 2014-09-03T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-02-05T00:00:00-08:00

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…students on free or reduced lunch programs.” . 295.07. Preference in appointment and retention (1) The

City of Deland v. Landolfi

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-17T00:00:00-07:00

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…the commission, determines that a violation of s. 295.07, s. 295.08, s. 295.085, or s. 295.09(l)(a) or (…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)(a) or (b),… 295.14(1) into two clauses and adding sections 295.07, 295.08, and 295.085(1) to the first clause, but

Cagle v. St. Johns County School District

Court: Fla. Dist. Ct. App. | Date Filed: 2006-09-01T00:53:00-07:00

Citation: 939 So. 2d 1085

Snippet: veterans' preference in hiring pursuant to section 295.07(1)(b), Florida Statutes (2004).[1] After the School…., concur. NOTES [1] In relevant part, section 295.07(1)(b), Florida Statutes (2004), provides: (1)

Cohen v. Florida Department of Law Enforcement

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-22T00:00:00-07:00

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…position. Cohen now appeals that final order. Section 295.07 requires that the State of Florida and its political

West Coast Regional Water Supply Authority v. Harris

Court: Fla. Dist. Ct. App. | Date Filed: 1992-09-02T00:00:00-07:00

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

Snippet: included under s. 295.07(l)(a) and (b), and second to those persons included under s. 295.07(l)(c) and (d)…veteran’s preference” in hiring statute, Sections 295.07 and 295.085, Florida Statutes (1989), appellant… appellant not disclosed on his resume. Section 295.07, Florida Statutes (1989), provides in pertinent…qualifies for a veteran’s preference under Section 295.07(l)(c). See Harris v. State, Public Employees Relations

Drayovitch v. City of Jacksonville

Court: Fla. Dist. Ct. App. | Date Filed: 1991-10-08T00:00:00-07:00

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 … since accrual of his eligibility under section 295.07, appellant has been so employed. AFFIRMED. SMITH

Harris v. State, Public Employees Relations Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-04T00:00:00-07:00

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

Snippet: included under s. 295.07(l)(a) and (b), and second to those persons included under s. 295.07(l)(c) and (d)…officer concluded that the County violated Sections 295.07 and 295.085, Florida Statutes, by not providing…ultimately hired. *477We would note that Section 295.07, Florida Statutes, establishes four classes of …positions of employment. Appellant falls under section 295.07(l)(c) which applies to: (c) A veteran of any war…upon which classification applies under Section 295.07. The statute also requires that certain veterans

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Court: Fla. Att'y Gen. | Date Filed: 1990-01-07T23:53:00-08:00

Snippet: Section 295.07(1)(a), Fla. Stat., as amended by s. 1, Ch. 89-323, Laws of Florida. And see, s. 295.07(2), …such ordinances are not inconsistent with sections 295.07-295.15, Florida Statutes, as amended, Florida'…preference. The statute you have cited, section 295.07, Florida Statutes, as amended, requires that "…#39; preference provisions contained in sections 295.07-295.15, Florida Statutes, as amended by Chapter… such legislation is inconsistent with sections 295.07-295.15, Florida Statutes, as amended, compliance

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Court: Fla. Att'y Gen. | Date Filed: 1989-08-09T00:53:00-07:00

Snippet: Utilities Commission subject to the provisions of s. 295.07, F.S., et seq., relating to veterans' preference…Utilities Commission is subject to the provisions of s. 295.07, F.S., et seq., relating to veterans' preference…in employment appointment and retention. Section 295.07, F.S., provides in part that "[t]he state …rules to ensure that those persons defined in s. 295.07, F.S., are given special consideration in the employing…control of the Legislature. The Legislature, in s. 295.07, F.S., has required the state and its political

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Court: Fla. Att'y Gen. | Date Filed: 1988-06-03T00:53:00-07:00

Snippet: included under s. 295.07(1) and (2), and second to those persons included under s. 295.07(3) and (4), provided…of a preference eligible person as defined in s. 295.07, F.S., when an examination is not used and the …procedures as to ensure that those persons defined in s. 295.07 are given special consideration in the employing… A. Butterworth Attorney General (ls) 1 Section 295.07, F.S., provides that preference in appointment …See, s. 6, Ch. 87-356, Laws of Florida. 5 See, s. 295.07, F.S., excepting those positions included under

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Court: Fla. Att'y Gen. | Date Filed: 1984-08-21T00:53:00-07:00

Snippet: ask the following questions: 1. WHETHER ss 295.07 and 295.08, F.S., LIMIT AND RESTRICT THE USE OF…DEPARTMENT OF A MUNICIPALITY. 2. WHETHER ss 295.07 and 295.08, F.S., ALLOW A CONTINUOUSLY EMPLOYED…REQUIRED COMPETITIVE EXAMINATION. 3. WHETHER ss 295.07 AND 295.08, F.S., PERMIT THE USE OF VETERANS'…, subsequent to his initial hire." Section 295.07, F.S., provides in pertinent part that "[t…disabled veterans who meet the requirements of s 295.07(1), F.S., "[f]or those positions for which

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Court: Fla. Att'y Gen. | Date Filed: 1981-09-04T00:53:00-07:00

Snippet: ratings of those persons included under s. 295.07(1) or s. 295.07(2), and 5 points shall be added to the …included under s. 295.07(1) and (2), and second to those persons included under s. 295.07(3) and (4) . . …position within the state career service system, s. 295.07, F.S. (1980 Supp.), directs the state and its political…subdivisions in accordance with the mandate of s. 295.07, F.S. (1980 Supp.), is required to give preference…veterans and other eligible persons outlined in s. 295.07, F.S. (1980 Supp.), in the selection of applicants

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Court: Fla. Att'y Gen. | Date Filed: 1979-05-17T00:53:00-07:00

Snippet: and renumbered s. 295.07(4), F. S. (1970 Supp.), to provide as follows: 295.07 Veterans' reemployment…. Chapter 70-7, Laws of Florida, codified as s. 295.07(4), F. S. (1970 Supp.), provided: Veterans…veterans' preference in employment pursuant to s.295.07(3), F. S. (1978 Supp.). The several statutes, as…. It should be noted that the Legislature in s. 295.07, F. S., seeking to accord preferential benefits… concerning benefits for veterans. See, e.g., s.295.07(1), which concerns veterans' preferences to

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Court: Fla. Att'y Gen. | Date Filed: 1979-05-02T00:53:00-07:00

Snippet: TO QUESTION 1: Pursuant to the provisions of ss. 295.07, 295.08, and 295.09, F. S., the Legislature has…Ch. 24201, 1947, Laws of Florida (codified as s.295.07, F. S. 1947), honorably discharged veterans, as…Thus it is clear that, as originally enacted, ss. 295.07-295.09, F. S. 1947, operated to grant veterans … The 1977 Legislature substantially amended ss. 295.07-295.09, F. S. 1975. See s. 1, Ch. 77-422, Laws … well as other qualified persons included in s. 295.07, remained entitled to preference points on an examination

Yates v. Palmintiero

Court: Fla. | Date Filed: 1957-06-19T00:00:00-07:00

Citation: 96 So. 2d 148, 1957 Fla. LEXIS 3532

Snippet: attained permanent civil service status. Section 295.07, Florida Statutes 1947, F.S.A., provides that “…appellee was given a preference. Although F.S. § 295.07, F.S.A., was in full force and effect when appellee…this practice was a compliance with F.S. Section 295.07, F.S.A. and the Civil Service Rule (which is a …preference, directed mandatorily by F.S. Section 295.07, F.S.A., was not accorded to him, and he prayed…preference whatsoever as required by F.S. Section 295.07, F.S.A. It is clear that appellee sought as his