55A-7.011. Employment Preference When Numerically Based Selection Process Is Not Used

(1) When open positions are not filled based upon examination scores or numerically-based selection, and are not among the exempt positions described in Section 295.07(5), F.S., Veterans’ Preference in appointment, employment, and retention requires that a preference-eligible applicant be given special consideration and priority at each step of the selection process.

(2) Preference-eligible applicants who meet the minimum qualifications for the open position shall be considered for selection and shall be granted an interview in all cases, and the state or political subdivision may waive a postsecondary educational requirement, if deemed appropriate and justification is documented in writing.

(3) When two equally-qualified preference-eligible applicants are considered for an open position, selection preference shall be awarded first to paragraphs (a) and (b), of this subsection, and second to paragraphs (c) through (g), of this subsection:

(a) Those disabled veterans who possess the minimum qualifications necessary to discharge the duties:

1. Who have served on active duty in any branch of the United States Armed Forces, have received an honorable discharge, and have established the present existence of a service-connected disability that is compensable under public laws administered by the United States Department of Veterans Affairs, or

2. Who are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the United States Department of Veterans Affairs and the United States Department of Defense.

(b) The spouse of a person who has a total disability, permanent in nature, resulting from a service-connected disability and who, because of this disability, cannot qualify for employment, and the spouse of a person missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power who possesses the minimum qualifications necessary to discharge the duties.

(c) A wartime veteran as defined in Section 1.01(14), F.S., who has served at least 1 day in a campaign or expedition for which a campaign badge has been authorized, including any armed forces expeditionary medal or the global war on terrorism medal, or during one of the specified periods of wartime service.

(d) The unremarried widow or widower of a veteran who died of a service-connected disability.

(e) The mother, father, legal guardian, or unremarried widow or widower of a member of the United States Armed Forces who died in the line of duty under combat-related conditions, as verified by the Department of Defense.

(f) A veteran as defined in Section 1.01(14), F.S.

(g) A current member of any reserve component of the United States Armed Forces or the Florida National Guard.

(4) At each stage of the hiring process, if a preference-eligible applicant meets minimum qualifications necessary to discharge the duties of the position, he or she will advance to the next step in the public employer’s selection process.

(5) If, at any step in the selection process, a determination is made that the preference-eligible applicant is not qualified to advance to a subsequent step in the selection process, a higher level of management having authority to overturn the initial determination shall review such determination to ensure that the determination was correct.

(6) Appointments to positions subject to collective bargaining agreements are to be made from the appropriate register or employment list in accordance with these augmented ratings.

Rulemaking Authority 295.07(2) FS. Law Implemented 295.085 FS. History–New 3-30-88, Formerly 22VP-1.011, Amended 2-12-90, 7-12-93, 12-27-98, 12-28-04, 6-11-08, 6-27-16, 8-17-22.