Fla. Admin. Code Ann. R. 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.
Notes
Rulemaking Authority 295.07(2) FS. Law Implemented 295.085 FS.
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.
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