HB 687 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to veterans' preference in promotion; 2
amending s. 295.07, F.S.; requiring the state and its 3
political subdivisions to give preference in promotion 4
in positions of employment to certain veterans or 5
their relatives; authorizing waiver of postsecondary 6
educational requirements for promotion under certain 7
circumstances; requiring the Department of Veterans' 8
Affairs to adopt certain rules to ens ure veterans are 9
given special consideration in the promotion process; 10
amending s. 295.08, F.S.; requiring a numerically 11
based selection process to be used to determine 12
qualifications for promotion; amending s. 295.085, 13
F.S.; requiring preference in promot ion in positions 14
for which a numerically based selection process is not 15
used; amending s. 295.11, F.S.; providing for 16
investigation and administrative hearing of a 17
complaint regarding not being awarded a promotion 18
according to veterans' preference; amendin g s. 19
295.155, F.S.; providing that military retirement on 20
the basis of longevity does not disqualify a person 21
from veterans' promotion preference; amending ss. 22
447.207 and 1002.36, F.S.; conforming provisions to 23
changes made by the act; providing an effect ive date. 24
25
HB 687 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 26
27
Section 1. Subsections (1) through (4) of section 295.07, 28
Florida Statutes, are amended to read: 29
295.07 Preference in appointment , promotion, and 30
retention.— 31
(1) The state and its political subdivisions shall give 32
preference in appointment , promotion, and retention in positions 33
of employment to: 34
(a) Those disabled veterans: 35
1. Who have served on active duty in any branch of the 36
United States Armed Forces, have received an honorable 37
discharge, and have established the present existence of a 38
service-connected disability that is compensable under public 39
laws administered by the United States Department of Veterans 40
Affairs; or 41
2. Who are receiving compensation, disability ret irement 42
benefits, or pension pursuant to public laws administered by the 43
United States Department of Veterans Affairs and the United 44
States Department of Defense. 45
(b) The spouse of a person who has a total disability, 46
permanent in nature, resulting from a service-connected 47
disability and who, because of this disability, cannot qualify 48
for employment, and the spouse of a person missing in action, 49
captured in line of duty by a hostile force, or forcibly 50
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detained or interned in line of duty by a foreign gove rnment or 51
power. 52
(c) A wartime veteran as defined in s. 1.01(14), who has 53
served at least 1 day during a wartime period. Active duty for 54
training may not be allowed for eligibility under this 55
paragraph. 56
(d) The unremarried widow or widower of a veteran who died 57
of a service-connected disability. 58
(e) The mother, father, legal guardian, or unremarried 59
widow or widower of a member of the United States Armed Forces 60
who died in the line of duty under combat -related conditions, as 61
verified by the United Sta tes Department of Defense. 62
(f) A veteran as defined in s. 1.01(14). Active duty for 63
training may not be allowed for eligibility under this 64
paragraph. 65
(g) A current member of any reserve component of the 66
United States Armed Forces or the Florida Nationa l Guard. 67
(2) The state and its political subdivisions may waive a 68
postsecondary educational requirement for a position of 69
employment or for a promotion, other than in those positions 70
made exempt under subsection (5), for a current member of any 71
reserve component of the United States Armed Forces or the 72
Florida National Guard or a veteran who has been honorably 73
discharged if the person is otherwise qualified for the pos ition 74
or promotion. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) The Department of Veterans' Affairs shall adopt rules 76
to ensure that veterans are given special consideration in the 77
employing agency's selection , promotion, and retention 78
processes. The rules must include the award of point value s as 79
articulated in s. 295.08, if applicable, or, where point values 80
are not relevant, must include procedures to ensure that 81
veterans are given special consideration at each step of the 82
employment selection and promotion processes process, unless the 83
sponsoring governmental entity is a party to a collective 84
bargaining agreement, in which case the collective bargaining 85
agreement must comply within 90 days after following 86
ratification of a successor collective bargaining agreement or 87
extension of any existin g collective bargaining agreement. 88
(4) Preference in employment , promotion, and retention, or 89
educational waivers, may be given only to eligible persons who 90
are described in subsection (1) or subsection (2). 91
Section 2. Section 295.08, Florida Statute s, is amended to 92
read: 93
295.08 Positions for which a numerically based selection 94
process is used.—For positions for which an examination is used 95
to determine the qualifications for entrance into employment 96
with the state or any of its political subdivisio ns or for 97
promotion within such employment , 20 points must be added to the 98
earned ratings of a person included under s. 295.07(1)(a) or 99
(b), 15 points must be added to the earned ratings of a person 100
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included under s. 295.07(1)(c), (d), or (e), and 10 point s must 101
be added to the earned rating of a person included under s. 102
295.07(1)(f) or (g), if the person has obtained a qualifying 103
score on the examination for the position or promotion. The 104
names of persons eligible for preference must be entered on an 105
appropriate register or list in accordance with their respective 106
augmented ratings. However, except for classes of positions with 107
Federal Government designations of professional or technician, 108
the names of all persons who are qualified to receive a 20 -point 109
preference whose service -connected disabilities have been rated 110
by the United States Department of Veterans Affairs or its 111
predecessor or the United States Department of Defense to be 30 112
percent or more must be placed at the top of the appropriate 113
register or employment list, in accordance with their respective 114
augmented ratings. The respective augmented rating is the 115
examination score or evaluated score in addition to the 116
applicable veteran's preference points. 117
Section 3. Section 295.085, Florida Statutes , is amended 118
to read: 119
295.085 Positions for which a numerically based selection 120
process is not used. —In all positions in which the appointment , 121
or employment, or promotion of persons is not subject to a 122
written examination, not including positions that a re exempt 123
under s. 295.07(5), first preference in appointment, employment, 124
promotion, and retention must be given by the state and 125
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political subdivisions in the state to a person included under 126
s. 295.07(1)(a) or (b), and second preference must be given to a 127
person included under s. 295.07(1)(c), (d), (e), (f), or (g), 128
who possess the minimum qualifications necessary to discharge 129
the duties of the position involved. 130
Section 4. Subsection (1) of section 295.11, Florida 131
Statutes, is amended to read: 132
295.11 Investigation; administrative hearing for not 133
employing or promoting preferred applicant. — 134
(1) The Department of Veterans' Affairs or its designee 135
shall, upon the written request of any person specified in s. 136
295.07, investigate any complaint filed w ith the department by 137
such person when the person has applied to any state agency or 138
any agency of a political subdivision in the state for a 139
position of employment or for a promotion within such employment 140
which was awarded to a nonveteran and the person feels aggrieved 141
under this chapter. The Department of Veterans' Affairs shall 142
review each case and may issue an opinion to the Public 143
Employees Relations Commission as to the merit or lack of merit 144
in each case. The investigation must be accomplished withi n 145
existing amounts appropriated to the department. 146
Section 5. Section 295.155, Florida Statutes, is amended 147
to read: 148
295.155 Military retirement based on longevity. —Military 149
retirement on the basis of longevity does not disqualify a 150
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person eligible under s. 295.07 from veterans' employment or 151
promotion preference. 152
Section 6. Paragraph (c) of subsection (9) of section 153
447.207, Florida Statutes, is amended to read: 154
447.207 Commission; powers and duties. — 155
(9) Pursuant to s. 447.208, the commissio n or its 156
designated agent shall hear appeals, and enter such orders as it 157
deems appropriate, arising out of: 158
(c) Section 295.11, relating to reasons for not employing 159
or promoting a preferred veteran applicant. 160
Section 7. Paragraph (f) of subsection (4) of section 161
1002.36, Florida Statutes, is amended to read: 162
1002.36 Florida School for the Deaf and the Blind. — 163
(4) BOARD OF TRUSTEES. — 164
(f) The board of trustees shall: 165
1. Prepare and submit legislative budget requests for 166
operations and fixed ca pital outlay, in accordance with chapter 167
216 and ss. 1011.56 and 1013.60, to the Department of Education 168
for review and approval. The department must analyze the amount 169
requested for fixed capital outlay to determine if the request 170
is consistent with the s chool's campus master plan, educational 171
plant survey, and facilities master plan. Projections of 172
facility space needs may exceed the norm space and occupant 173
design criteria established in the State Requirements for 174
Educational Facilities. 175
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2. Approve and administer an annual operating budget in 176
accordance with ss. 1011.56 and 1011.57. 177
3. Require all funds received other than gifts, donations, 178
bequests, funds raised by or belonging to student clubs or 179
student organizations, and funds held for specific stu dents or 180
in accounts for individual students to be deposited in the State 181
Treasury and expended as authorized in the General 182
Appropriations Act. 183
4. Require all purchases to be in accordance with the 184
provisions of chapter 287 except for purchases made wit h funds 185
received as gifts, donations, or bequests; funds raised by or 186
belonging to student clubs or student organizations; or funds 187
held for specific students or in accounts for individual 188
students. 189
5. Administer and maintain personnel programs for all 190
employees of the board of trustees and the Florida School for 191
the Deaf and the Blind who shall be state employees, including 192
the personnel classification and pay plan established in 193
accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for 194
academic and academic administrative personnel, the provisions 195
of chapter 110, and the provisions of law that grant authority 196
to the Department of Management Services over such programs for 197
state employees. 198
6. Give preference in appointment , promotion, and 199
retention in positions of employment as provided within s. 200
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295.07(1) and (2). 201
7. Ensure that the Florida School for the Deaf and the 202
Blind complies with s. 1013.351 concerning the coordination of 203
planning between the Florida School for the Deaf and the Blind 204
and local governing bodies. 205
8. Ensure that the Florida School for the Deaf and the 206
Blind complies with s. 112.061 concerning per diem and travel 207
expenses of public officers, employees, and authorized persons 208
with respect to all funds other than funds received as gifts, 209
donations, or bequests; funds raised by or belonging to student 210
clubs or student organizations; or funds held for specific 211
students or in accounts for individual students. 212
9. Adopt a master plan which specifies the mission and 213
objectives of the Fl orida School for the Deaf and the Blind. The 214
plan shall include, but not be limited to, procedures for 215
systematically measuring the school's progress toward meeting 216
its objectives, analyzing changes in the student population, and 217
modifying school programs and services to respond to such 218
changes. The plan shall be for a period of 5 years and shall be 219
reviewed for needed modifications every 2 years. The board of 220
trustees shall submit the initial plan and subsequent 221
modifications to the Speaker of the House of Representatives and 222
the President of the Senate. 223
10. Designate a portion of the school as "The Verle Allyn 224
Pope Complex for the Deaf," in tribute to the late Senator Verle 225
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Allyn Pope. 226
Section 8. This act shall take effect July 1, 2023. 227