Florida Statutes
Fla. Stat. § 295.09 (2025)
Reinstatement or reemployment; promotion preference.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1952–2026 · leading case: Yates v. Rezeau, 62 So. 2d 726 (Fla. 1952).
Yates v. Rezeau, 62 So. 2d 726 (Fla. 1952). “The sole issue here is whether the appellants, as the Civil Service Board of the City of Miami, have properly interpreted the provisions of Section 295.09, Florida Statutes, F.S.A., respecting’ veterans’ preference points in promotional examinations.”
Brennan v. City of Miami, 146 So. 3d 119 (Fla. 3d DCA 2014). “We disagree with this conclusion because Brennan’s failure to submit documentation to the City of his active duty during wartime did not preclude his entitlement to a lieutenant’s promotional preference, pursuant to section 295.09, Florida Statutes (2012), and rule 55A-7.”
City of Miami v. Burmeister, 512 So. 2d 1047 (Fla. 3d DCA 1987). “Prior to 1978, section 295.09 provided that the preference points would be awarded only to certain veterans who had worked for a municipality prior to their military service and had been reemployed or reinstated.”
City of Miami v. Farrington, 405 So. 2d 1043 (Fla. 3d DCA 1981). “…CURIAM. Affirmed. Yates v. Rezeau, 62 So.2d 726 (Fla. 1952); § 295.14(2), Fla.Stat. (1980); § 295.09, Fla.Stat. (1978).”
City of Deland v. Landolfi, 97 So. 3d 869 (Fla. 1st DCA 2012). “) (referring only to section 295.09(l)(a) and (b)). The 1987 amendments expanded the scope of the first clause to include the statutes applicable to the initial hiring decision, but retained the scope of the second clause.”
Ramirez v. City of Miami, 627 So. 2d 48 (Fla. 3d DCA 1993). “§ 295.09, Fla.Stat. (1977) (emphasis added).”
Stevens v. City of Miami, 500 So. 2d 305 (Fla. 3d DCA 1986). “Examining the record in light of this principle, the plaintiffs contend they should not be bound by the release that they each signed because they were unaware at the time they exe *307 cuted it of the “veterans preference” in-Section 295.09(l)(a) Florida Statutes (1979).”
Kutz (M.D. Fla. 2026). “8 USERRA prohibits employers from denying 8 Plaintiff alleges in the Second Amended Complaint that Defendant violated USERRA by failing to comply with Fla. Stat. § 295.09 (1)(a), which affords veteran preference in hiring.”
Keller v. Pub. Employees Relations Comm'n, 691 So. 2d 36 (Fla. 5th DCA 1997). “Keller relies on section 295.09, Florida Statutes (1995) as the basis for his entitlement to a preference: 295.”
— 295.09(l)(a) — 2 cases
City of Deland v. Landolfi, 97 So. 3d 869 (Fla. 1st DCA 2012). “) (referring only to section 295.09(l)(a) and (b)). The 1987 amendments expanded the scope of the first clause to include the statutes applicable to the initial hiring decision, but retained the scope of the second clause.”
Stevens v. City of Miami, 500 So. 2d 305 (Fla. 3d DCA 1986). “Examining the record in light of this principle, the plaintiffs contend they should not be bound by the release that they each signed because they were unaware at the time they exe *307 cuted it of the “veterans preference” in-Section 295.09(l)(a) Florida Statutes (1979).”
— 295.09(l)(c) — 1 case
City of Miami v. Burmeister, 512 So. 2d 1047 (Fla. 3d DCA 1987). “Prior to 1978, section 295.09 provided that the preference points would be awarded only to certain veterans who had worked for a municipality prior to their military service and had been reemployed or reinstated.”
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