Florida Statute 295.09 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XX
VETERANS

Chapter 295
LAWS RELATING TO VETERANS: GENERAL PROVISIONS

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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.

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Amendments to 295.09

Annotations, Discussions, Cases:

Cases Citing Statute 295.09

Total Results: 10 | Sort by: Relevance | Newest First

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Brennan v. City of Miami, 146 So. 3d 119 (Fla. 3d DCA 2014).

Cited 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....

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City of Miami v. Burmeister, 512 So. 2d 1047 (Fla. Dist. Ct. App. 1987).

Published | District Court of Appeal of Florida | 12 Fla. L. Weekly 2170, 1987 Fla. App. LEXIS 10138

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

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Ramirez v. City of Miami, 627 So. 2d 48 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 11555, 1993 WL 469311

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

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City of Miami v. Farrington, 405 So. 2d 1043 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 28151

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

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Ago (Fla. Att'y Gen. 1979).

Published | Florida Attorney General Reports

afterreinstatement or reemployment of the veteran.' Section 295.09, F. S. 1977 (Emphasis supplied.). Under s.

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Ago (Fla. Att'y Gen. 1994).

Published | Florida Attorney General Reports

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

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Stevens v. City of Miami, 500 So. 2d 305 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 42 Fair Empl. Prac. Cas. (BNA) 985, 12 Fla. L. Weekly 117, 1986 Fla. App. LEXIS 11174, 42 Empl. Prac. Dec. (CCH) 36, 719

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

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Yates v. Rezeau, 62 So. 2d 726 (Fla. 1952).

Published | Supreme Court of Florida | 1952 Fla. LEXIS 1934

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

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City of Deland v. Landolfi, 97 So. 3d 869 (Fla. 1st DCA 2012).

Published | Florida 1st District Court of Appeal | 2012 WL 3537225, 2012 Fla. App. LEXIS 13622

Fla. Stat. (1986 Supp.) (referring only to section 295.09(l)(a) and (b)). The 1987 amendments expanded

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Keller v. Pub. Employees Relations Comm'n, 691 So. 2d 36 (Fla. Dist. Ct. App. 1997).

Published | District Court of Appeal of Florida | 1997 Fla. App. LEXIS 3182, 1997 WL 154331

promoted to sergeant in 1994. Keller relies on section 295.09, Florida Statutes (1995) as the basis for his

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