Bill Summary – FastDemocracy

       Florida Senate - 2023                                     SB 632



       By Senator Powell





       24-01337-23                                            2023632__
                      A bill to be entitled                      
       An act relating to veterans’ preference in promotion;
       amending s. 295.07, F.S.; requiring the state and its
       political subdivisions to give preference in promotion
       in positions of employment to certain veterans or
       their relatives; waiving postsecondary educational
       requirements for promotion under certain
       circumstances; requiring the Department of Veterans’
       Affairs to adopt certain rules to ensure veterans are
       given special consideration in the promotion process;
       amending s. 295.08, F.S.; requiring a numerically
       based selection process to be used to determine
       qualifications for promotion; amending s. 295.085,
       F.S.; requiring preference in promotion for positions
       for which a numerically based selection process is not
       used; amending s. 295.11, F.S.; providing for an
       investigation and administrative hearing of a
       complaint regarding not being awarded a promotion
       according to veterans’ promotion preference; amending
       s. 295.155, F.S.; providing that military retirement
       on the basis of longevity does not disqualify a person
       from veterans’ promotion preference; amending ss.
       447.207 and 1002.36, F.S.; conforming provisions to
       changes made by the act; providing an effective date.
        
Be It Enacted by the Legislature of the State of Florida:

       Section 1. Subsections (1) through (4) of section 295.07,
Florida Statutes, are amended to read:
       295.07 Preference in appointment, promotion, and
retention.—
       (1) The state and its political subdivisions shall give
preference in appointment, promotion, and retention in positions
of employment to:
       (a) Those disabled veterans:
       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 pursuant to 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.
       (c) A wartime veteran as defined in s. 1.01(14), who has
served at least 1 day during a wartime period. Active duty for
training may not be allowed for eligibility under this
paragraph.
       (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 United States Department of Defense.
       (f) A veteran as defined in s. 1.01(14). Active duty for
training may not be allowed for eligibility under this
paragraph.
       (g) A current member of any reserve component of the United
States Armed Forces or the Florida National Guard.
       (2) The state and its political subdivisions may waive a
postsecondary educational requirement for a position of
employment or for a promotion, other than in those positions
made exempt under subsection (5), for a current member of any
reserve component of the United States Armed Forces or the
Florida National Guard or a veteran who has been honorably
discharged if the person is otherwise qualified for the position
or promotion.
       (3) The Department of Veterans’ Affairs shall adopt rules
to ensure that veterans are given special consideration in the
employing agency’s selection, promotion, and retention
processes. The rules must include the award of point values as
articulated in s. 295.08, if applicable, or, where point values
are not relevant, must include procedures to ensure that
veterans are given special consideration at each step of the
employment selection and promotion processes process, unless the
sponsoring governmental entity is a party to a collective
bargaining agreement, in which case the collective bargaining
agreement must comply within 90 days after following
ratification of a successor collective bargaining agreement or
extension of any existing collective bargaining agreement.
       (4) Preference in employment, promotion, and retention, or
educational waivers, may be given only to eligible persons who
are described in subsection (1) or subsection (2).
       Section 2. Section 295.08, Florida Statutes, is amended to
read:
       295.08 Positions for which a numerically based selection
process is used.—For positions for which an examination is used
to determine the qualifications for entrance into employment
with the state or any of its political subdivisions or for
promotion within such employment, 20 points must be added to the
earned ratings of a person included under s. 295.07(1)(a) or
(b), 15 points must be added to the earned ratings of a person
included under s. 295.07(1)(c), (d), or (e), and 10 points must
be added to the earned rating of a person included under s.
295.07(1)(f) or (g), if the person has obtained a qualifying
score on the examination for the position or promotion. The
names of persons eligible for preference must be entered on an
appropriate register or list in accordance with their respective
augmented ratings. However, except for classes of positions with
Federal Government designations of professional or technician,
the names of all persons who are qualified to receive a 20-point
preference whose service-connected disabilities have been rated
by the United States Department of Veterans Affairs or its
predecessor or the United States Department of Defense to be 30
percent or more must be placed at the top of the appropriate
register or employment list, in accordance with their respective
augmented ratings. The respective augmented rating is the
examination score or evaluated score in addition to the
applicable veteran’s preference points.
       Section 3. Section 295.085, Florida Statutes, is amended to
read:
       295.085 Positions for which a numerically based selection
process is not used.—In all positions in which the appointment,
or employment, or promotion of persons is not subject to a
written examination, not including positions that are exempt
under s. 295.07(5), first preference in appointment, employment,
promotion, and retention must be given by the state and
political subdivisions in the state to a person included under
s. 295.07(1)(a) or (b), and second preference must be given to a
person included under s. 295.07(1)(c), (d), (e), (f), or (g),
who possess the minimum qualifications necessary to discharge
the duties of the position involved.
       Section 4. Subsection (1) of section 295.11, Florida
Statutes, is amended to read:
       295.11 Investigation; administrative hearing for not
employing or promoting preferred applicant.—
       (1) The Department of Veterans’ Affairs or its designee
shall, upon the written request of any person specified in s.
295.07, investigate any complaint filed with the department by
such person when the person has applied to any state agency or
any agency of a political subdivision in the state for a
position of employment or for a promotion within such employment
which was awarded to a nonveteran and the person feels aggrieved
under this chapter. The Department of Veterans’ Affairs shall
review each case and may issue an opinion to the Public
Employees Relations Commission as to the merit or lack of merit
in each case. The investigation must be accomplished within
existing amounts appropriated to the department.
       Section 5. Section 295.155, Florida Statutes, is amended to
read:
       295.155 Military retirement based on longevity.—Military
retirement on the basis of longevity does not disqualify a
person eligible under s. 295.07 from veterans’ employment or
promotion preference.
       Section 6. Paragraph (c) of subsection (9) of section
447.207, Florida Statutes, is amended to read:
       447.207 Commission; powers and duties.—
       (9) Pursuant to s. 447.208, the commission or its
designated agent shall hear appeals, and enter such orders as it
deems appropriate, arising out of:
       (c) Section 295.11, relating to reasons for not employing
or promoting a preferred veteran applicant.
       Section 7. Paragraph (f) of subsection (4) of section
1002.36, Florida Statutes, is amended to read:
       1002.36 Florida School for the Deaf and the Blind.—
       (4) BOARD OF TRUSTEES.—
       (f) The board of trustees shall:
       1. Prepare and submit legislative budget requests for
operations and fixed capital outlay, in accordance with chapter
216 and ss. 1011.56 and 1013.60, to the Department of Education
for review and approval. The department must analyze the amount
requested for fixed capital outlay to determine if the request
is consistent with the school’s campus master plan, educational
plant survey, and facilities master plan. Projections of
facility space needs may exceed the norm space and occupant
design criteria established in the State Requirements for
Educational Facilities.
       2. Approve and administer an annual operating budget in
accordance with ss. 1011.56 and 1011.57.
       3. Require all funds received other than gifts, donations,
bequests, funds raised by or belonging to student clubs or
student organizations, and funds held for specific students or
in accounts for individual students to be deposited in the State
Treasury and expended as authorized in the General
Appropriations Act.
       4. Require all purchases to be in accordance with the
provisions of chapter 287 except for purchases made with funds
received as gifts, donations, or bequests; funds raised by or
belonging to student clubs or student organizations; or funds
held for specific students or in accounts for individual
students.
       5. Administer and maintain personnel programs for all
employees of the board of trustees and the Florida School for
the Deaf and the Blind who shall be state employees, including
the personnel classification and pay plan established in
accordance with ss. 110.205(2)(d) and 216.251(2)(a)2. for
academic and academic administrative personnel, the provisions
of chapter 110, and the provisions of law that grant authority
to the Department of Management Services over such programs for
state employees.
       6. Give preference in appointment, promotion, and retention
in positions of employment as provided within s. 295.07(1) and
(2).
       7. Ensure that the Florida School for the Deaf and the
Blind complies with s. 1013.351 concerning the coordination of
planning between the Florida School for the Deaf and the Blind
and local governing bodies.
       8. Ensure that the Florida School for the Deaf and the
Blind complies with s. 112.061 concerning per diem and travel
expenses of public officers, employees, and authorized persons
with respect to all funds other than funds received as gifts,
donations, or bequests; funds raised by or belonging to student
clubs or student organizations; or funds held for specific
students or in accounts for individual students.
       9. Adopt a master plan which specifies the mission and
objectives of the Florida School for the Deaf and the Blind. The
plan shall include, but not be limited to, procedures for
systematically measuring the school’s progress toward meeting
its objectives, analyzing changes in the student population, and
modifying school programs and services to respond to such
changes. The plan shall be for a period of 5 years and shall be
reviewed for needed modifications every 2 years. The board of
trustees shall submit the initial plan and subsequent
modifications to the Speaker of the House of Representatives and
the President of the Senate.
       10. Designate a portion of the school as “The Verle Allyn
Pope Complex for the Deaf,” in tribute to the late Senator Verle
Allyn Pope.
       Section 8. This act shall take effect July 1, 2023.
Statutes affected: 
S 632 Filed: 295.08, 295.085, 295.11, 295.155, 447.207, 1002.36