(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.
Structure Florida Statutes
Chapter 295 - Laws Relating to Veterans: General Provisions
295.011 - Disabled Veterans; Education.
295.015 - Children of Prisoners of War and Persons Missing in Action; Education.
295.016 - Children of Servicemembers Who Died or Became Disabled in Operation Eagle Claw.
295.018 - Children of Servicemembers Who Died in Newfoundland Air Tragedy; Educational Opportunity.
295.019 - Children of Servicemembers Who Died in u.s.s. Stark Attack.
295.02 - Use of Funds; Age, Etc.
295.03 - Minimum Requirements.
295.04 - Appropriation; Benefits.
295.05 - Admission; Enrollment.
295.061 - Active Duty Servicemembers; Death Benefits.
295.07 - Preference in Appointment and Retention.
295.08 - Positions for Which a Numerically Based Selection Process Is Used.
295.085 - Positions for Which a Numerically Based Selection Process Is Not Used.
295.09 - Reinstatement or Reemployment; Promotion Preference.
295.11 - Investigation; Administrative Hearing for Not Employing Preferred Applicant.
295.123 - Deserters and Others; Inapplicability of Chapter.
295.124 - State Approving Agency for Veterans’ Education and Training.
295.125 - Preference for Admission to Career Training.
295.155 - Military Retirement Based on Longevity.
295.156 - Alternative Treatment Options for Veterans.
295.16 - Disabled Veterans Exempt From Certain License or Permit Fee.
295.17 - Identification Cards.
295.186 - Removal of Certain Forms From Official Records.
295.187 - Florida Veteran Business Enterprise Opportunity Act.
295.188 - Preference in Hiring Veterans for Private Employers.
295.21 - Florida Is for Veterans, Inc.
295.22 - Veterans Employment and Training Services Program.