CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 13677, 2014 WL 4340997
...sed Brennan’s complaint. 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-7.0111, Florida Administrative Code....
...reassignment, promotion or demotion of an employee
is not a vacant position for the purpose of this
chapter.
Fla. Admin. Code R. 55A-7.013 (emphasis added).
Rule 55A-7.0111, Florida Administrative Code, which implemented section
295.09, Florida Statutes (2012),5 and addresses veterans’ preference in promotion,
governs instead.6
(4) The covered employer shall determine whether an applicant is eligible
for veterans’ preference.
(5) The covered employer shall document the employee’s election of
veterans’ preference.
5 Section 295.09 provides as follows:
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 s...
...preference in promotion, and shall be promoted ahead of all other
employees who are as well or less qualified for the position. When an
examination, as defined in Rule 55A-7.003, F.A.C., is utilized, such
13
section 295.09. Nowhere in rule 55A-7.0111 and section 295.09, whose language
is clear and unambiguous, is there a requirement that a veteran submit veterans’
preference documentation, or DD-214 form....
...The City’s requirement is also
illogical and duplicative where, as here, the City maintained that documentation on
file.
Conclusion
Brennan was not required to submit his 2003 DD-214 form with his job
application, pursuant to section 295.09, Florida Statutes (2012), and rule 55A-
7.0111, Florida Administrative Code....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2170, 1987 Fla. App. LEXIS 10138
...Burmeister has not had veterans’ preference points added to any exam score during his employment with the City. If the points had been added in 1979, he still would not have received the promotion. If the points had been added in 1981 or 1983, however, he would have been promoted. 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....
...3d DCA), review dismissed,
411 So.2d 381 (Fla.1981). After that court interpretation in 1980, the statute was amended again to provide that the preference points “shall apply only to a veteran's first promotion after reinstatement or reemployment, without exception.” §
295.09(l)(c), Fla.Stat....
...romoted to the rank of Fire Captain retroactive to the date he would have been promoted if his 1981 exam had been augmented by the preference points. We reverse the judgment and direct the trial court to enter summary judgment for the City of Miami. Section 295.09(l)(c), Florida Statutes (1985), is a clear expression of the legislative intent to award veterans’ preference points only to veterans who have been reinstated or reemployed....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11555, 1993 WL 469311
...reer service system by the State and its political subdivisions and who sought a promotion for the first time following “re instatement or re employment” were entitled to have “preference points” added to their promotion examination results. § 295.09, Fla.Stat....
...... such acts are a recognition of the qualities and traits developed by military service which tend to make of veterans superior public servants.” Yates v. Rezeau,
62 So.2d 726, 727 (Fla.1952) (citations omitted). The Florida legislature amended section
295.09, effective June 20, 1978, to provide that veteran’s preference points were to be awarded on promotional exams upon the employee’s “first promotion after employment, reinstatement, or reemployment.” §
295.09, Fla.Stat. (1979) (emphasis added). However, the legislature soon repealed that amendment, effective July 5, 1980, and reenacted the former version of section
295.09 that awarded preference points “only to a veteran’s first promotion [examination] after re instatement or re employment, without exception.” §
295.09, Fla.Stat....
...Ramirez admits that he was not entitled to veteran’s preference points when he took the promotion examination in 1977, and that only returning veterans who sought their first promotion after reinstatement or reemployment could have been awarded those points under the 1977 version of section 295.09. Instead, he argues that the amendment to section 295.09 took effect during the life of the promotional register that ranked him with the other 1977 exam takers, and that the City wrongfully refused to add preference points to his score as posted on the register once the amendment was in effect. Ramirez was not entitled to veteran’s preference points under section 295.09, Florida Statutes (1977), when the City posted the results of the 1977 promotional exam....
...ctober, 1977, and then amended in May, 1978. No veteran’s preference points were awarded to any candidate on that register. Moreover, promotions to Sergeant were made from that register while the 1977 statute was in effect, before the amendment to section
295.09 took effect. Section
295.09, as amended in 1978, cannot be applied retroactively to award preference points to a veteran who took the exam and was ranked on the promotion register before the amendment was enacted or effective. “It is a well-established rule of construction that in the absence of clear legislative expression to the contrary, a law is presumed to operate prospectively.” State v. Lavazzoli,
434 So.2d 321, 323 (Fla.1983) (citations omitted). Section
295.09, Florida Statutes (1979), provided for the award of preference points “on promotional examinations.” By its own terms, the statute did not provide for the award of preference points on promotional registers, and did not take effect...
...This court has held that a veteran hired after service in the armed forces was not entitled to an award of preference points on a promotional examination that he took in 1981, even though he had been employed by the City in 1979 and had taken and failed a promotional examination in 1979 when section
295.09 applied not only to returning veterans, but to veterans who were hired after their service. City of Miami v. Burmeister,
512 So.2d 1047 (Fla. 3d DCA 1987), rev. denied.
520 So.2d 583 (Fla.1988). In Burmeister , the court focused on the version of section
295.09 in effect when the employee took the promotional examination, and concluded that the employee had no vested interest in retaining preference points “not used” on an examination taken during the lifetime of the 1978 amendment to section
295.09....
CopyPublished | Florida 3rd District Court of Appeal | 42 Fair Empl. Prac. Cas. (BNA) 985, 12 Fla. L. Weekly 117, 1986 Fla. App. LEXIS 11174, 42 Empl. Prac. Dec. (CCH) 36, 719
...Fundament,
444 So.2d 1171 (Fla. 4th DCA 1984). 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)....
CopyPublished | Florida 1st District Court of Appeal | 2012 WL 3537225, 2012 Fla. App. LEXIS 13622
...295.14(1), Florida Statutes (2010), which provides: When the Public Employees Relations Commission, after a hearing on notice conducted according to rules adopted by the commission, determines that a 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 seeking redress, the commission shall order the offending agency, employee, or officer 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), the commission may issue an order to compensate the veteran for the loss of any wages and reasonable attorney’s fees for actual hours worked, and costs of all work, including litigation, incurred as a result of such violatio...
...87-356, § 9, at 2212-13, Laws of Fla. Prior to 1987, the statute only applied to retention and reinstatement decisions and required PERC to order both compliance and lost wages upon finding a violation. See §
295.14(1), Fla. Stat. (1986 Supp.) (referring only to section
295.09(l)(a) and (b))....
CopyPublished | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 3182, 1997 WL 154331
...This time Keller filed a complaint with PERC which determined that *37 Keller was not entitled to the preference when he applied for the lieutenant’s position because the preference expired when he was promoted to sergeant in 1994. Keller relies on section 295.09, Florida Statutes (1995) as the basis for his entitlement to a preference: 295.09 Reinstatement or reemployment; promotion preference (l)(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 ......
