Senate Bill sb0416

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                                   SB 416

    By Senator Saunders





    25-361-02

  1                      A bill to be entitled

  2         An act relating to public employment; amending

  3         s. 295.07, F.S.; eliminating certain positions

  4         from exemption from preferential appointment

  5         and retention requirements; requiring vacant

  6         select exempt positions in the Department of

  7         Veterans' Affairs to be filled with qualified

  8         veterans; providing an effective date.

  9

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

11

12         Section 1.  Section 295.07, Florida Statutes, is

13  amended to read:

14         295.07  Preference in appointment and retention.--

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

16  shall give preference in appointment and retention in

17  positions of employment to:

18         (a)  Those disabled veterans:

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

20  Armed Forces of the United States, have been separated

21  therefrom under honorable conditions, and have established the

22  present existence of a service-connected disability which is

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

24  Department of Veterans' Affairs, or

25         2.  Who are receiving compensation, disability

26  retirement benefits, or pension by reason of public laws

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

28  the Department of Defense.

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

30  disability, permanent in nature, resulting from a

31  service-connected disability and who, because of this

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 416
    25-361-02




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

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

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

  4  duty by a foreign government or power.

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

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

  7  died of a service-connected disability.

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

  9  rules to ensure that veterans are given special consideration

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

11  The rules must include the award of point values as

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

13  values are not relevant, must include procedures to ensure

14  that veterans are given special consideration at each step of

15  the employment selection process, unless the sponsoring

16  governmental entity is a party to a collective bargaining

17  agreement, in which case the collective bargaining agreement

18  must comply within 90 days following ratification of a

19  successor collective bargaining agreement or extension of any

20  existing collective bargaining agreement.

21         (3)  Preference in employment and retention may be

22  given only to eligible persons who are described in subsection

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

24         (4)  The following positions are exempt from this

25  section:

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

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

28  positions under the University Support Personnel System of the

29  State University System as well as all Career Service System

30  positions under the Florida Community College System and the

31  School for the Deaf and the Blind are included.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                                   SB 416
    25-361-02




  1         (b)  Positions in political subdivisions of the state

  2  which are filled by officers elected by popular vote or

  3  persons appointed to fill vacancies in such offices and the

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

  5  commissions, persons employed on a temporary basis without

  6  benefits, heads of departments, positions that require

  7  licensure as a physician, licensure as an osteopathic

  8  physician, licensure as a chiropractic physician, and

  9  positions that require that the employee be a member of The

10  Florida Bar are exempt from this section.

11         (5)  The executive director of the Department of

12  Veterans' Affairs shall fill any vacant select exempt position

13  in the department with a qualified veteran as defined in

14  subsection (1).

15         Section 2.  This act shall take effect July 1, 2002.

16

17            *****************************************

18                          SENATE SUMMARY

19    Eliminates certain public employee positions from the
      exemption from preferential appointment and retention
20    requirements. Requires the executive director of the
      Department of Veterans' Affairs to fill any vacant select
21    exempt position in the department with a qualified
      veteran.
22

23

24

25

26

27

28

29

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.