Florida Statute 295.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XX
VETERANS

Chapter 295
LAWS RELATING TO VETERANS: GENERAL PROVISIONS

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F.S. 295.11

295.11 Investigation; administrative hearing for not employing preferred applicant.—

(1) The Department of Veterans’ Affairs or its designee shall, upon the written request of any person specified in s. 295.07, investigate any complaint filed with the department by such person when the person has applied to any state agency or any agency of a political subdivision in the state for a position of employment which was awarded to a nonveteran and the person feels aggrieved under this chapter. The Department of Veterans’ Affairs shall review each case and may issue an opinion to the Public Employees Relations Commission as to the merit or lack of merit in each case. The investigation must be accomplished within existing amounts appropriated to the department.

(2) Upon completion of the investigation, the department shall furnish a copy of the investigative findings to the complainant and to the agency involved.

(3) When a satisfactory resolution to the complaint is not forthcoming, any department of the state or political subdivision in the state may testify telephonically or in person at the discretion of the Public Employees Relations Commission. The complainant, however, may be represented at the hearing by counsel of his or her choice at his or her expense.

(4) Jurisdiction to effectuate the purposes of ss. 295.07-295.09 shall vest with the Public Employees Relations Commission for appropriate administrative determination. If, upon preliminary review of the Public Employees Relations Commission, the commission agrees with the department’s determination that a case lacks merit and finds, in its discretion, that there was a complete absence of justiciable issues of either law or fact raised by the veterans’ preference complaint, the Public Employees Relations Commission shall dismiss the complaint without the necessity of holding a hearing.

History.—s. 5, ch. 24201, 1947; ss. 18, 35, ch. 69-106; s. 3, ch. 77-422; s. 4, ch. 78-372; s. 33, ch. 79-190; s. 4, ch. 80-370; s. 79, ch. 86-163; s. 8, ch. 87-356; s. 23, ch. 88-290; s. 113, ch. 92-279; s. 55, ch. 92-326; s. 251, ch. 95-148; s. 6, ch. 98-33; s. 82, ch. 99-13.

F.S. 295.11 on Google Scholar

F.S. 295.11 on Casetext

Amendments to 295.11

Arrestable Offenses / Crimes under Fla. Stat. 295.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 295.11.

Annotations, Discussions, Cases:

Cases Citing Statute 295.11

Total Results: 8

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: failed to afford him veterans’ preference. See § 295.11. PERC appointed a hearing officer who conducted

Ingram v. Miami-Dade Police Department

Court: District Court of Appeal of Florida | Date Filed: 2001-10-17

Citation: 796 So. 2d 1262, 2001 Fla. App. LEXIS 14714, 2001 WL 1230779

Snippet: PER CURIAM. Affirmed. See § 295.11 Fla. Slat. (2000). See also City of Miami v. Sigman, 448 So.2d 533

Ago

Court: Florida Attorney General Reports | Date Filed: 1988-06-03

Snippet: over nonveterans would render the provisions in s. 295.11, F.S., superfluous.15 Therefore, I am of the opinion

McDole v. Wainwright

Court: Supreme Court of Florida | Date Filed: 1974-04-10

Citation: 293 So. 2d 35, 1974 Fla. LEXIS 4183

Snippet: United States v. Behrens, 375 U.S. 162, 84 S.Ct. 295, 11 L.Ed.2d 224 (5th head note). Denial of such a hearing

Wincor v. State

Court: District Court of Appeal of Florida | Date Filed: 1968-06-25

Citation: 212 So. 2d 42, 1968 Fla. App. LEXIS 5238

Snippet: discharge the appellant. Moore v. State, 152 Fla. 295, 11 So.2d 486; Rosenblum v. State, Fla. 1951, 55 So

Craig v. State

Court: Supreme Court of Florida | Date Filed: 1965-10-13

Citation: 179 So. 2d 202

Snippet: United States v. Behrens, 375 U.S. 162, 84 S.Ct. 295, 11 L.Ed.2d 224, (5th headnote). Under our procedure

Gilday v. State

Court: District Court of Appeal of Florida | Date Filed: 1964-10-27

Citation: 168 So. 2d 205

Snippet: hereby reversed. See: Moore v. State, 152 Fla. 295, 11 So.2d 486; Rosenblum v. State, Fla. 1951, 55 So

Peters v. Thompson

Court: Supreme Court of Florida | Date Filed: 1949-04-05

Citation: 42 So. 2d 91, 1949 Fla. LEXIS 962

Snippet: 12,566 9,295(?) 11,655