Bill Text: FL S0922 | 2021 | Regular Session | Enrolled


Bill Title: Veterans' Preference in Employment

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2021-06-09 - Chapter No. 2021-57 [S0922 Detail]

Download: Florida-2021-S0922-Enrolled.html
       ENROLLED
       2021 Legislature                                          SB 922
       
       
       
       
       
       
                                                              2021922er
    1  
    2         An act relating to veterans’ preference in employment;
    3         amending s. 295.065, F.S.; revising legislative intent
    4         to conform to changes made by the act; amending s.
    5         295.07, F.S.; authorizing the state and its political
    6         subdivisions to waive certain postsecondary
    7         educational requirements for employment for
    8         servicemembers and veterans who meet specified
    9         criteria; revising the list of positions that are
   10         exempt from veterans’ preference requirements;
   11         requiring, rather than authorizing, each political
   12         subdivision to develop and implement a veterans’
   13         recruitment plan for specified purposes; amending s.
   14         295.08, F.S.; modifying point preferences given to
   15         veterans and their family members when a numerically
   16         based selection process is used for hiring; amending
   17         ss. 295.085, 295.09, and 1002.36, F.S.; conforming
   18         provisions and cross-references to changes made by the
   19         act; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 295.065, Florida Statutes, is amended to
   24  read:
   25         295.065 Legislative intent.—It is the intent of the
   26  Legislature to provide preference, and priority, and waivers for
   27  certain educational requirements in the hiring practices of this
   28  state and its political subdivisions as set forth in this
   29  chapter. All written job announcements and audio and video
   30  advertisements used by employing agencies of the state and its
   31  political subdivisions must include a notice stating that
   32  certain servicemembers and veterans, and the spouses and family
   33  members of such the servicemembers and veterans, receive
   34  preference and priority, and that certain servicemembers may be
   35  eligible to receive waivers for postsecondary educational
   36  requirements, in employment by the state and its political
   37  subdivisions and are encouraged to apply for the positions being
   38  filled.
   39         Section 2. Section 295.07, Florida Statutes, is amended to
   40  read:
   41         295.07 Preference in appointment and retention.—
   42         (1) The state and its political subdivisions shall give
   43  preference in appointment and retention in positions of
   44  employment to:
   45         (a) Those disabled veterans:
   46         1. Who have served on active duty in any branch of the
   47  United States Armed Forces, have received an honorable
   48  discharge, and have established the present existence of a
   49  service-connected disability that is compensable under public
   50  laws administered by the United States Department of Veterans
   51  Affairs; or
   52         2. Who are receiving compensation, disability retirement
   53  benefits, or pension pursuant to by reason of public laws
   54  administered by the United States Department of Veterans Affairs
   55  and the United States Department of Defense.
   56         (b) The spouse of a person who has a total disability,
   57  permanent in nature, resulting from a service-connected
   58  disability and who, because of this disability, cannot qualify
   59  for employment, and the spouse of a person missing in action,
   60  captured in line of duty by a hostile force, or forcibly
   61  detained or interned in line of duty by a foreign government or
   62  power.
   63         (c) A wartime veteran as defined in s. 1.01(14), who has
   64  served at least 1 day during a wartime period. Active duty for
   65  training may not be allowed for eligibility under this
   66  paragraph.
   67         (d) The unremarried widow or widower of a veteran who died
   68  of a service-connected disability.
   69         (e) The mother, father, legal guardian, or unremarried
   70  widow or widower of a member of the United States Armed Forces
   71  who died in the line of duty under combat-related conditions, as
   72  verified by the United States Department of Defense.
   73         (f) A veteran as defined in s. 1.01(14). Active duty for
   74  training may not be allowed for eligibility under this
   75  paragraph.
   76         (g) A current member of any reserve component of the United
   77  States Armed Forces or the Florida National Guard.
   78         (2) The state and its political subdivisions may waive a
   79  postsecondary educational requirement for a position of
   80  employment, other than those positions made exempt under
   81  subsection (5), for a current member of any reserve component of
   82  the United States Armed Forces or the Florida National Guard or
   83  a veteran who has been honorably discharged if the person is
   84  otherwise qualified for the position.
   85         (3) The Department of Veterans’ Affairs shall adopt rules
   86  to ensure that veterans are given special consideration in the
   87  employing agency’s selection and retention processes. The rules
   88  must include the award of point values as articulated in s.
   89  295.08, if applicable, or, where point values are not relevant,
   90  must include procedures to ensure that veterans are given
   91  special consideration at each step of the employment selection
   92  process, unless the sponsoring governmental entity is a party to
   93  a collective bargaining agreement, in which case the collective
   94  bargaining agreement must comply within 90 days following
   95  ratification of a successor collective bargaining agreement or
   96  extension of any existing collective bargaining agreement.
   97         (4)(3) Preference in employment and retention, or
   98  educational waivers, may be given only to eligible persons who
   99  are described in subsection (1) or subsection (2).
  100         (5)(4) The following positions are exempt from this
  101  section:
  102         (a) Those positions that are exempt from the state Career
  103  Service System under s. 110.205(2); however, all positions under
  104  the University Support Personnel System of the State University
  105  System as well as all Career Service System positions under the
  106  Florida College System and the School for the Deaf and the
  107  Blind, or the equivalent of such positions at state
  108  universities, Florida College System institutions, or the School
  109  for the Deaf and the Blind, are not exempt included.
  110         (b) Positions in political subdivisions of the state which
  111  are filled by officers elected by popular vote or persons
  112  appointed to fill vacancies in such offices and the personal
  113  secretary of each such officer, members of boards and
  114  commissions, persons employed on a temporary basis without
  115  benefits, heads of departments, positions that require licensure
  116  as a physician, licensure as an osteopathic physician, licensure
  117  as a chiropractic physician, and positions that require that the
  118  employee be a member of The Florida Bar.
  119         (6)(a)(5)(a) Each state agency and political subdivision
  120  shall, and each political subdivision of the state may, develop
  121  and implement a written veterans’ recruitment plan that
  122  establishes annual goals for ensuring the full use of veterans
  123  in the agency’s or political subdivision’s workforce. Each
  124  veterans’ recruitment plan must be designed to meet the
  125  established goals.
  126         (b) The Department of Management Services shall collect
  127  statistical data from each state agency on the number of persons
  128  who claim veterans’ preference, the number of persons who are
  129  hired through veterans’ preference, and the number of persons
  130  who are hired as a result of the veterans’ recruitment plan. The
  131  department shall annually update the statistical data required
  132  by this paragraph on its website and include such statistical
  133  data in its annual workforce report.
  134         (c) For purposes of this subsection, the veterans’
  135  recruitment plan applies to the eligible persons described in
  136  subsections subsection (1) and (2).
  137         Section 3. Section 295.08, Florida Statutes, is amended to
  138  read:
  139         295.08 Positions for which a numerically based selection
  140  process is used.—For positions for which an examination is used
  141  to determine the qualifications for entrance into employment
  142  with the state or any of its political subdivisions in the
  143  state, 20 15 points must shall be added to the earned ratings of
  144  a person included under s. 295.07(1)(a) or (b), 15 10 points
  145  must shall be added to the earned ratings of a person included
  146  under s. 295.07(1)(c), (d), or (e), and 10 5 points must shall
  147  be added to the earned rating of a person included under s.
  148  295.07(1)(f) or (g), if the person has obtained a qualifying
  149  score on the examination for the position. The names of persons
  150  eligible for preference must shall be entered on an appropriate
  151  register or list in accordance with their respective augmented
  152  ratings. However, except for classes of positions with Federal
  153  Government designations of professional or technician, the names
  154  of all persons who are qualified to receive a 20-point 15-point
  155  preference whose service-connected disabilities have been rated
  156  by the United States Department of Veterans Affairs or its
  157  predecessor or the United States Department of Defense to be 30
  158  percent or more must shall be placed at the top of the
  159  appropriate register or employment list, in accordance with
  160  their respective augmented ratings. The respective augmented
  161  rating is the examination score or evaluated score in addition
  162  to the applicable veteran’s preference points.
  163         Section 4. Section 295.085, Florida Statutes, is amended to
  164  read:
  165         295.085 Positions for which a numerically based selection
  166  process is not used.—In all positions in which the appointment
  167  or employment of persons is not subject to a written
  168  examination, not including with the exception of positions that
  169  are exempt under s. 295.07(5) s. 295.07(4), first preference in
  170  appointment, employment, and retention must shall be given by
  171  the state and political subdivisions in the state to a person
  172  included under s. 295.07(1)(a) or (b), and second preference
  173  must shall be given to a person included under s. 295.07(1)(c),
  174  (d), (e), (f), or (g), who possess the minimum qualifications
  175  necessary to discharge the duties of the position involved.
  176         Section 5. Paragraph (a) of subsection (1) of section
  177  295.09, Florida Statutes, is amended to read:
  178         295.09 Reinstatement or reemployment; promotion
  179  preference.—
  180         (1)(a) When an employee of the state or any of its
  181  political subdivisions employed in a position subject or not
  182  subject to a career service system or other merit-type system,
  183  not including with the exception of those positions that which
  184  are exempt pursuant to s. 295.07(5) s. 295.07(4), has served in
  185  the Armed Forces of the United States and is discharged or
  186  separated therefrom with an honorable discharge, the state or
  187  its political subdivision shall reemploy or reinstate such
  188  person to the same position that he or she held before prior to
  189  such service in the armed forces, or to an equivalent position,
  190  provided that such person returns to the position within 1 year
  191  after of his or her date of separation or, in cases of extended
  192  active duty, within 1 year after of the date of discharge or
  193  separation subsequent to the extension. Such person must shall
  194  also be awarded preference in promotion and shall be promoted
  195  ahead of all others who are as well qualified or less qualified
  196  for the position. When an examination for promotion is used
  197  utilized, such person must shall be awarded preference points,
  198  as provided in s. 295.08, and shall be promoted ahead of all
  199  those who appear in an equal or lesser position on the
  200  promotional register, provided that he or she first successfully
  201  passes the examination for the promotional position.
  202         Section 6. Paragraph (f) of subsection (4) of section
  203  1002.36, Florida Statutes, is amended to read:
  204         1002.36 Florida School for the Deaf and the Blind.—
  205         (4) BOARD OF TRUSTEES.—
  206         (f) The board of trustees shall:
  207         1. Prepare and submit legislative budget requests for
  208  operations and fixed capital outlay, in accordance with chapter
  209  216 and ss. 1011.56 and 1013.60, to the Department of Education
  210  for review and approval. The department must analyze the amount
  211  requested for fixed capital outlay to determine if the request
  212  is consistent with the school’s campus master plan, educational
  213  plant survey, and facilities master plan. Projections of
  214  facility space needs may exceed the norm space and occupant
  215  design criteria established in the State Requirements for
  216  Educational Facilities.
  217         2. Approve and administer an annual operating budget in
  218  accordance with ss. 1011.56 and 1011.57.
  219         3. Require all funds received other than gifts, donations,
  220  bequests, funds raised by or belonging to student clubs or
  221  student organizations, and funds held for specific students or
  222  in accounts for individual students to be deposited in the State
  223  Treasury and expended as authorized in the General
  224  Appropriations Act.
  225         4. Require all purchases to be in accordance with the
  226  provisions of chapter 287 except for purchases made with funds
  227  received as gifts, donations, or bequests; funds raised by or
  228  belonging to student clubs or student organizations; or funds
  229  held for specific students or in accounts for individual
  230  students.
  231         5. Administer and maintain personnel programs for all
  232  employees of the board of trustees and the Florida School for
  233  the Deaf and the Blind who shall be state employees, including
  234  the personnel classification and pay plan established in
  235  accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
  236  academic and academic administrative personnel, the provisions
  237  of chapter 110, and the provisions of law that grant authority
  238  to the Department of Management Services over such programs for
  239  state employees.
  240         6. Give preference in appointment and retention in
  241  positions of employment as provided within s. 295.07(1) and (2).
  242         7. Ensure that the Florida School for the Deaf and the
  243  Blind complies with s. 1013.351 concerning the coordination of
  244  planning between the Florida School for the Deaf and the Blind
  245  and local governing bodies.
  246         8. Ensure that the Florida School for the Deaf and the
  247  Blind complies with s. 112.061 concerning per diem and travel
  248  expenses of public officers, employees, and authorized persons
  249  with respect to all funds other than funds received as gifts,
  250  donations, or bequests; funds raised by or belonging to student
  251  clubs or student organizations; or funds held for specific
  252  students or in accounts for individual students.
  253         9. Adopt a master plan which specifies the mission and
  254  objectives of the Florida School for the Deaf and the Blind. The
  255  plan shall include, but not be limited to, procedures for
  256  systematically measuring the school’s progress toward meeting
  257  its objectives, analyzing changes in the student population, and
  258  modifying school programs and services to respond to such
  259  changes. The plan shall be for a period of 5 years and shall be
  260  reviewed for needed modifications every 2 years. The board of
  261  trustees shall submit the initial plan and subsequent
  262  modifications to the Speaker of the House of Representatives and
  263  the President of the Senate.
  264         10. Designate a portion of the school as “The Verle Allyn
  265  Pope Complex for the Deaf,” in tribute to the late Senator Verle
  266  Allyn Pope.
  267         Section 7. This act shall take effect July 1, 2021.

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