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The 2025 Florida Statutes
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F.S. 295.09295.09 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 295.09
Total Results: 10
146 So. 3d 119, 2014 Fla. App. LEXIS 13677, 2014 WL 4340997
District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150539
Cited 1 times | Published
lieutenant’s promotional preference, pursuant to section 295.09, Florida Statutes (2012), and rule 55A-7.0111
97 So. 3d 869, 2012 WL 3537225, 2012 Fla. App. LEXIS 13622
District Court of Appeal of Florida | Filed: Aug 17, 2012 | Docket: 60311990
Published
Fla. Stat. (1986 Supp.) (referring only to section 295.09(l)(a) and (b)). The 1987 amendments expanded
691 So. 2d 36, 1997 Fla. App. LEXIS 3182, 1997 WL 154331
District Court of Appeal of Florida | Filed: Apr 4, 1997 | Docket: 64772263
Published
promoted to sergeant in 1994.
Keller relies on section 295.09, Florida Statutes (1995) as the basis for his
Florida Attorney General Reports | Filed: Feb 10, 1994 | Docket: 3257884
Published
substantially the following question:
Does section 295.09, Florida Statutes, require a public employer
627 So. 2d 48, 1993 Fla. App. LEXIS 11555, 1993 WL 469311
District Court of Appeal of Florida | Filed: Nov 16, 1993 | Docket: 64744248
Published
added to their promotion examination results. § 295.09, Fla.Stat. (1977) (emphasis added). “The purpose
512 So. 2d 1047, 12 Fla. L. Weekly 2170, 1987 Fla. App. LEXIS 10138
District Court of Appeal of Florida | Filed: Sep 8, 1987 | Docket: 64629602
Published
he would have been promoted.
Prior to 1978, section 295.09 provided that the preference points would be
500 So. 2d 305, 42 Fair Empl. Prac. Cas. (BNA) 985, 12 Fla. L. Weekly 117, 1986 Fla. App. LEXIS 11174, 42 Empl. Prac. Dec. (CCH) 36,719
District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 64624118
Published
exe*307cuted it of the “veterans preference” in-Section 295.09(l)(a) Florida Statutes (1979). Even if this
405 So. 2d 1043, 1981 Fla. App. LEXIS 28151
District Court of Appeal of Florida | Filed: Nov 10, 1981 | Docket: 64586066
Published
726 (Fla. 1952); § 295.14(2), Fla.Stat. (1980); § 295.09, Fla.Stat. (1978).
Florida Attorney General Reports | Filed: May 2, 1979 | Docket: 3257739
Published
afterreinstatement or reemployment of the veteran.' Section 295.09, F. S. 1977 (Emphasis supplied.). Under s.
62 So. 2d 726, 1952 Fla. LEXIS 1934
Supreme Court of Florida | Filed: Dec 16, 1952 | Docket: 64483939
Published
have properly interpreted the provisions of Section 295.09, Florida Statutes, F.S.A., respecting’ veterans’
