Senate Bill sb1344er

    ENROLLED

    2001 Legislature                                       SB 1344



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  2         An act relating to preference in appointment

  3         and retention of public employees; amending s.

  4         295.07, F.S.; eliminating the exemption of the

  5         positions of city and county managers,

  6         management positions, and policymaking

  7         positions from being subject to certain

  8         preference for military service; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 295.07, Florida Statutes, is

14  amended to read:

15         295.07  Preference in appointment and retention.--

16         (1)  The state and political subdivisions in the state

17  shall give preference in appointment and retention in

18  positions of employment to:

19         (a)  Those disabled veterans:

20         1.  Who have served on active duty in any branch of the

21  Armed Forces of the United States, have been separated

22  therefrom under honorable conditions, and have established the

23  present existence of a service-connected disability which is

24  compensable under public laws administered by the U.S.

25  Department of Veterans' Affairs, or

26         2.  Who are receiving compensation, disability

27  retirement benefits, or pension by reason of public laws

28  administered by the U.S. Department of Veterans' Affairs and

29  the Department of Defense.

30         (b)  The spouse of any person who has a total

31  disability, permanent in nature, resulting from a


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    ENROLLED

    2001 Legislature                                       SB 1344



  1  service-connected disability and who, because of this

  2  disability, cannot qualify for employment, and the spouse of

  3  any person missing in action, captured in line of duty by a

  4  hostile force, or forcibly detained or interned in line of

  5  duty by a foreign government or power.

  6         (c)  A veteran of any war as defined in s. 1.01(14).

  7         (d)  The unremarried widow or widower of a veteran who

  8  died of a service-connected disability.

  9         (2)  The Department of Veterans' Affairs shall adopt

10  rules to ensure that veterans are given special consideration

11  in the employing agency's selection and retention processes.

12  The rules must include the award of point values as

13  articulated in s. 295.08, if applicable, or, where point

14  values are not relevant, must include procedures to ensure

15  that veterans are given special consideration at each step of

16  the employment selection process, unless the sponsoring

17  governmental entity is a party to a collective bargaining

18  agreement, in which case the collective bargaining agreement

19  must comply within 90 days following ratification of a

20  successor collective bargaining agreement or extension of any

21  existing collective bargaining agreement.

22         (3)  Preference in employment and retention may be

23  given only to eligible persons who are described in subsection

24  (1) and who are residents of this state.

25         (4)  The following positions are exempt from this

26  section:

27         (a)  Those positions that are exempt from the state

28  Career Service System under s. 110.205(2); however, all

29  positions under the University Support Personnel System of the

30  State University System as well as all Career Service System

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    ENROLLED

    2001 Legislature                                       SB 1344



  1  positions under the Florida Community College System and the

  2  School for the Deaf and the Blind are included.

  3         (b)  Positions in political subdivisions of the state

  4  which are filled by officers elected by popular vote or

  5  persons appointed to fill vacancies in such offices and the

  6  personal secretary of each such officer, members of boards and

  7  commissions, persons employed on a temporary basis without

  8  benefits, city managers and county managers, heads of

  9  departments, management positions, policymaking positions,

10  positions that require licensure as a physician, licensure as

11  an osteopathic physician, licensure as a chiropractic

12  physician, and positions that require that the employee be a

13  member of The Florida Bar.

14         Section 2.  This act shall take effect July 1, 2001.

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