Florida Statute 295.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XX
VETERANS

Chapter 295
LAWS RELATING TO VETERANS: GENERAL PROVISIONS

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F.S. 295.09

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.

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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 Citing Statute 295.09

Total Results: 20

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: lieutenant’s promotional preference, pursuant to section 295.09, Florida Statutes (2012), and rule 55A-7.0111,

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. See Fla

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: violation of s. 295.07, s. 295.08, s. 295.085, or s. 295.09(l)(a) or (b) has occurred and sustains the veteran

Keller v. Public Employees Relations Commission

Court: District Court of Appeal of Florida | Date Filed: 1997-04-04

Citation: 691 So. 2d 36, 1997 Fla. App. LEXIS 3182, 1997 WL 154331

Snippet: section 295.09, Florida Statutes (1995) as the basis for his entitlement to a preference: 295.09 Reinstatement

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-02-10

Snippet: substantially the following question: Does section 295.09, Florida Statutes, require a public employer to

Ramirez v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 1993-11-16

Citation: 627 So. 2d 48, 1993 Fla. App. LEXIS 11555, 1993 WL 469311

Snippet: added to their promotion examination results. § 295.09, Fla.Stat. (1977) (emphasis added). “The purpose

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-08-09

Snippet: reinstatement or reemployment. See, ss.295.085 and 295.09, F.S., as amended by Ch. 89-323, Laws of Florida

City of Miami v. Burmeister

Court: District Court of Appeal of Florida | Date Filed: 1987-09-08

Citation: 512 So. 2d 1047, 12 Fla. L. Weekly 2170, 1987 Fla. App. LEXIS 10138

Snippet: would have been promoted. Prior to 1978, section 295.09 provided that the preference points would be awarded

Stevens v. City of Miami

Court: District Court of Appeal of Florida | Date Filed: 1986-12-30

Citation: 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

Snippet: exe*307cuted it of the “veterans preference” in-Section 295.09(l)(a) Florida Statutes (1979). Even if this be

Ago

Court: Florida Attorney General Reports | Date Filed: 1984-08-21

Snippet: and involve an examination of the provisions of s 295.09, F.S., they will be answered together. Your inquiry

City of Miami v. Farrington

Court: District Court of Appeal of Florida | Date Filed: 1981-11-10

Citation: 405 So. 2d 1043, 1981 Fla. App. LEXIS 28151

Snippet: 726 (Fla. 1952); § 295.14(2), Fla.Stat. (1980); § 295.09, Fla.Stat. (1978).

Ago

Court: Florida Attorney General Reports | Date Filed: 1979-05-02

Snippet: Jr. City Attorney Miami QUESTIONS: 1. Does s. 295.09, F. S., as amended by Ch. 78-372, Laws of Florida

Gazil v. Gazil

Court: Supreme Court of Florida | Date Filed: 1977-01-27

Citation: 343 So. 2d 595

Snippet: v. Bronk, supra, and Palmer v. Palmer, 28 Fla. 295, 9 So. 657 (1891). The annotator points out that the

Morris v. Rabara

Court: District Court of Appeal of Florida | Date Filed: 1962-09-21

Citation: 145 So. 2d 265

Snippet: of the law. In Palmer v. Palmer, 1891, 28 Fla. 295, 9 So. 657, the court was considering a motion of

Ginsberg v. Ginsberg

Court: District Court of Appeal of Florida | Date Filed: 1960-07-14

Citation: 122 So. 2d 30

Snippet: thereto and to be heard. Palmer v. Palmer, 28 Fla. 295, 9 So. 657; Dykes v. Dykes, Fla.App. 1958, 104 So

Dykes v. Dykes

Court: District Court of Appeal of Florida | Date Filed: 1958-07-10

Citation: 104 So. 2d 598

Snippet: by someone there. Cf. Palmer v. Palmer, 28 Fla. 295, 9 So. 657. The appellant did not appear at the hearing

Yates v. Palmintiero

Court: Supreme Court of Florida | Date Filed: 1957-06-19

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

Snippet: then specified in companion sections, 295.08 and 295.09, how the preference be applied in cases of appointment

Yates v. Rezeau

Court: Supreme Court of Florida | Date Filed: 1952-12-16

Citation: 62 So. 2d 726, 1952 Fla. LEXIS 1934

Snippet: properly interpreted the provisions of Section 295.09, Florida Statutes, F.S.A., respecting’ veterans’

Driggers v. Pearson

Court: Supreme Court of Florida | Date Filed: 1940-01-05

Citation: 192 So. 881, 141 Fla. 256

Snippet: Section 244, pp. 557; Palmer v. Palmer, 28 Fla. 295, 9 So. 657; Ex Parte Wells, 121 Fla. 457,104 So. 134

Florida Land Investment Co. v. Williams

Court: Supreme Court of Florida | Date Filed: 1922-02-14

Citation: 83 Fla. 251

Snippet: Rep. 519; Indiana B. etc. Co. v. Quick, 109 Ind. 295, 9 N. E. Rep. 788; Cincinnati, etc. Co. v. Stahle