Senate Bill 0142er
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1998 Legislature SB 142, 2nd Engrossed
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2 An act relating to veterans' preference in
3 employment; transferring and renumbering s.
4 295.15, F.S., relating to legislative intent;
5 amending s. 295.07, F.S.; clarifying
6 provisions; providing for rules; amending s.
7 295.08, F.S.; revising provisions with respect
8 to positions for which a numerically based
9 selection process is used; removing a monetary
10 limitation with respect to certain classes of
11 positions; amending s. 295.085, F.S.; revising
12 provisions with respect to positions for which
13 a numerically based selection process is not
14 used; providing for preference for certain
15 veterans with service-connected disabilities;
16 deleting provisions for rules; amending s.
17 295.101, F.S.; revising provisions with respect
18 to the expiration of employment preference;
19 amending s. 295.11, F.S.; revising provisions
20 with respect to investigative findings;
21 providing for the dismissal of a complaint;
22 deleting reference to the Department of
23 Management Services and providing reference to
24 the Department of Veterans Affairs; amending s.
25 295.14, F.S.; revising provisions with respect
26 to penalties; repealing s. 295.151, F.S.,
27 relating to the application of ch. 78-372, Laws
28 of Florida, with respect to point preference to
29 certain persons in applying for employment;
30 creating s. 295.155, F.S.; providing that
31 military retirement on the basis of longevity
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1998 Legislature SB 142, 2nd Engrossed
1 does not disqualify a person from veterans'
2 employment preference; providing an effective
3 date.
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5 WHEREAS, it is the policy of the State of Florida that
6 in appreciation for their service to this state and the
7 country, and in recognition of the time and advantage lost
8 toward the pursuit of a civilian career, veterans as defined
9 in section 295.07, Florida Statutes, shall be granted
10 preference in employment with the state and political
11 subdivisions of or in the state, and
12 WHEREAS, except for a veteran who has an absolute
13 preference for employment by virtue of a 30 percent or more
14 service-connected disability, a veteran applying for a
15 position using veterans' preference must be equally or better
16 qualified for the position than the nonveteran applicant, and
17 WHEREAS, veterans' preference alone does not assure the
18 employment of a veteran who is not fully qualified by
19 experience or training to fulfill the requirements of the
20 position, NOW, THEREFORE,
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Section 295.15, Florida Statutes, is
25 transferred and renumbered as section 295.065, Florida
26 Statutes.
27 Section 2. Section 295.07, Florida Statutes, is
28 amended to read:
29 295.07 Preference in appointment and retention.--
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1998 Legislature SB 142, 2nd Engrossed
1 (1) The state and its political subdivisions in the
2 state shall give preference in appointment and retention in
3 positions of employment to:
4 (a) Those disabled veterans:
5 1. Who have served on active duty in any branch of the
6 Armed Forces of the United States, have been separated
7 therefrom under honorable conditions, and have established the
8 present existence of a service-connected disability which is
9 compensable under public laws administered by the U.S.
10 Department of Veterans' Affairs, or
11 2. Who are receiving compensation, disability
12 retirement benefits, or pension by reason of public laws
13 administered by the U.S. Department of Veterans' Affairs and
14 the Department of Defense.
15 (b) The spouse of any person who has a total
16 disability, permanent in nature, resulting from a
17 service-connected disability and who, because of this
18 disability, cannot qualify for employment, and the spouse of
19 any person missing in action, captured in line of duty by a
20 hostile force, or forcibly detained or interned in line of
21 duty by a foreign government or power.
22 (c) A veteran of any war as defined in s. 1.01(14).
23 (d) The unremarried widow or widower of a veteran who
24 died of a service-connected disability.
25 (2) The Department of Veterans' Affairs shall adopt
26 rules to ensure that veterans are given special consideration
27 in the employing agency's selection and retention processes.
28 The rules must include the award of point values as
29 articulated in s. 295.08, if applicable, or, where point
30 values are not relevant, must include procedures to ensure
31 that veterans are given special consideration at each step of
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1998 Legislature SB 142, 2nd Engrossed
1 the employment selection process, unless the sponsoring
2 governmental entity is a party to a collective bargaining
3 agreement, in which case the collective bargaining agreement
4 must comply within 90 days following ratification of a
5 successor collective bargaining agreement or extension of any
6 existing collective bargaining agreement.
7 (3) Preference in employment and retention may be
8 given only to eligible persons who are described in subsection
9 (1) and who are residents of this state.
10 (4)(2) The following positions are shall be exempt
11 from the provisions of this section:
12 (a) Those positions that are exempt from the state
13 Career Service System under s. 110.205(2); however, all
14 positions under the University Support Personnel System of the
15 State University System as well as all Career Service System
16 positions under the State Community College System and the
17 School for the Deaf and the Blind are shall be included.
18 (b) Those Positions in political subdivisions of the
19 state which that are filled by officers elected by popular
20 vote or persons appointed to fill vacancies in such offices
21 and the personal secretary of each such officer, members of
22 boards and commissions, persons employed on a temporary basis
23 without benefits, city managers and county managers, heads of
24 departments, management positions, policymaking positions,
25 positions that which require licensure as a physician,
26 licensure as an osteopathic physician, licensure as a
27 chiropractic physician, and positions that which require that
28 the employee be a member of The Florida Bar.
29 Section 3. Section 295.08, Florida Statutes, is
30 amended to read:
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1998 Legislature SB 142, 2nd Engrossed
1 295.08 Positions for which a numerically based
2 selection process is used Competitive examination systems
3 preference points; professional and scientific services.--For
4 those positions for which an examination is used to determine
5 the qualifications for entrance into employment with the state
6 or its political subdivisions in the state, 10 points shall be
7 added to the earned ratings of any person included under s.
8 295.07(1)(a) or (b), and 5 points shall be added to the earned
9 rating of any person included under s. 295.07(1)(c) and (d),
10 if the provided that such person has obtained a qualifying
11 score on the examination for the position. The names of
12 persons eligible for preference shall be entered on an
13 appropriate register or list in accordance with their
14 respective augmented ratings. However, except for classes of
15 positions with Federal Government designations of professional
16 or technician for which the lowest range of the salary is over
17 $9,000 per annum, the names of all persons qualified to
18 receive a 10-point preference whose service-connected
19 disabilities have been rated by the United States Department
20 of Veterans Affairs or its predecessor or the Department of
21 Defense to be 30 percent or more shall be placed at the top of
22 the appropriate register or employment list, in accordance
23 with their respective augmented ratings. The respective
24 augmented rating is the examination score or evaluated score
25 in addition to the applicable veteran's preference points.
26 Section 4. Section 295.085, Florida Statutes, is
27 amended to read:
28 295.085 Positions for which a numerically based
29 selection process where an examination is not used utilized;
30 preferences.--
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1998 Legislature SB 142, 2nd Engrossed
1 (1) In all positions in which the appointment or
2 employment of persons is not subject to a written examination,
3 with the exception of those positions that which are exempt
4 under pursuant to s. 295.07(2), first preference in
5 appointment, and employment, and retention shall be given by
6 the state and its political subdivisions in the state first to
7 those persons included under s. 295.07(1)(a) and (b), and
8 second preference shall be given to those persons included
9 under s. 295.07(1)(c) and (d) who, provided such persons
10 possess the minimum qualifications necessary to the discharge
11 of the duties of the position involved.
12 (2) The Department of Veterans' Affairs shall be
13 responsible for promulgating such rules or procedures as to
14 ensure that those persons defined in s. 295.07 are given
15 special consideration in the employing agency's selection and
16 retention processes. These procedures shall include the award
17 of point values as articulated in s. 295.08 if applicable, or
18 where such point values are not relevant, shall include
19 procedures to ensure those persons defined in s. 295.07 are
20 given special consideration at each step of the employment
21 selection process and are given special consideration in the
22 retention of employees where layoffs are necessitated.
23 Section 5. Section 295.101, Florida Statutes, is
24 amended to read:
25 295.101 Employment preference; expiration.--A
26 veteran's employment preference shall expires be deemed to
27 have expired after a person eligible pursuant to s. 295.07 has
28 applied and been employed by the any state or any agency of a
29 political subdivision in of the state.
30 Section 6. Section 295.11, Florida Statutes, is
31 amended to read:
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1998 Legislature SB 142, 2nd Engrossed
1 295.11 Investigation; administrative hearing for not
2 employing preferred applicant.--
3 (1) The Department of Veterans' Affairs or its
4 designee shall, upon the written request of any person
5 specified in s. 295.07, investigate any complaint filed with
6 the department by such person when the person has applied to
7 made application with any state agency or any agency of a
8 political subdivision in of the state for a position of
9 employment which was awarded to a nonveteran and the person
10 feels aggrieved under this chapter. The Department of
11 Veterans' Affairs shall review each case and may issue an
12 opinion to the Public Employees Relations Commission as to the
13 merit or lack of merit in each case. The Such investigation
14 must shall be accomplished within existing amounts
15 appropriated to the department.
16 (3) When a satisfactory resolution to the complaint is
17 not forthcoming, any the department of the state or political
18 subdivision in the state may its designee shall, upon written
19 request of the complainant and with advisory assistance from
20 the Department of Management Services, testify telephonically
21 or in person at the discretion of the Public Employees
22 Employee Relations Commission hearing as to the investigative
23 findings. The complainant, however, may be represented at the
24 hearing by counsel of his or her choice at his or her expense.
25 (4) Jurisdiction to effectuate the purposes of ss.
26 295.07-295.09 shall vest with the Public Employees Relations
27 Commission for appropriate administrative determination. If,
28 upon preliminary review of the Public Employees Relations
29 Commission, the commission agrees with the department's
30 determination that a case lacks merit and finds, in its
31 discretion, that there was a complete absence of justiciable
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1998 Legislature SB 142, 2nd Engrossed
1 issues of either law or fact raised by the
2 veterans'-preference complaint, the Public Employees Relations
3 Commission shall dismiss the complaint without the necessity
4 of holding a hearing.
5 Section 7. Subsection (1) of section 295.14, Florida
6 Statutes, is amended to read:
7 295.14 Penalties.--
8 (1) When the Public Employees Relations Commission,
9 after a hearing on notice conducted according to rules adopted
10 promulgated by the commission, determines that a violation of
11 s. 295.07, s. 295.08, s. 295.085(1), or s. 295.09(1)(a) or (b)
12 has occurred and sustains the veteran seeking redress, the
13 commission shall order the offending agency, employee, or
14 officer of the state to comply with the provisions of s.
15 295.07, s. 295.08, s. 295.085(1), or s. 295.09(1)(a) or (b);
16 and, in the event of a violation of s. 295.07, s. 295.08, s.
17 295.085(1) or s. 295.09(1)(a) or (b), the commission may issue
18 an order to compensate the such veteran for the loss of any
19 wages and reasonable attorney's fees for actual hours worked,
20 and costs of all work, including litigation, incurred as a
21 result of such violation, which order shall be conclusive on
22 the agency, employee, or officer concerned. The attorney's
23 fees and costs may not exceed $10,000. The action of the
24 commission shall be in writing and shall be served on the
25 parties concerned by certified mail with return receipt
26 requested.
27 Section 8. Section 295.151, Florida Statutes, is
28 repealed.
29 Section 9. Section 295.155, Florida Statutes, is
30 created to read:
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1998 Legislature SB 142, 2nd Engrossed
1 295.155 Military retirement based on
2 longevity.--Military retirement on the basis of longevity does
3 not disqualify a person eligible under s. 295.07 from
4 veterans' employment preference.
5 Section 10. This act shall take effect upon becoming a
6 law.
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