Fla. Stat. 295.09
Reinstatement or reemployment; promotion preference


(1)(a)

When an employee of the state or any of its political subdivisions employed in a position subject or not subject to a career service system or other merit-type system, not including positions that are exempt pursuant to s. 295.07(5), has served in the Armed Forces of the United States and is discharged or separated therefrom with an honorable discharge, the state or its political subdivision shall reemploy or reinstate such person to the same position that he or she held before such service in the armed forces, or to an equivalent position, provided that such person returns to the position within 1 year after his or her date of separation or, in cases of extended active duty, within 1 year after the date of discharge or separation subsequent to the extension. Such person must also be awarded preference in promotion and be promoted ahead of all others who are as well qualified or less qualified for the position. When an examination for promotion is used, such person must be awarded preference points, as provided in s. 295.08, and be promoted ahead of all those who appear in an equal or lesser position on the promotional register, provided that he or she first successfully passes the examination for the promotional position.The provisions of paragraph (a) shall also apply to a person who was a veteran when employed by the state or its political subdivision and who was recalled to extended active duty in the Armed Forces of the United States and was discharged or separated therefrom with an honorable discharge.The provisions of paragraphs (a) and (b) shall apply only to a veteran’s first promotion after reinstatement or reemployment, without exception.

(1)(a)

When an employee of the state or any of its political subdivisions employed in a position subject or not subject to a career service system or other merit-type system, not including positions that are exempt pursuant to s. 295.07(5), has served in the Armed Forces of the United States and is discharged or separated therefrom with an honorable discharge, the state or its political subdivision shall reemploy or reinstate such person to the same position that he or she held before such service in the armed forces, or to an equivalent position, provided that such person returns to the position within 1 year after his or her date of separation or, in cases of extended active duty, within 1 year after the date of discharge or separation subsequent to the extension. Such person must also be awarded preference in promotion and be promoted ahead of all others who are as well qualified or less qualified for the position. When an examination for promotion is used, such person must be awarded preference points, as provided in s. 295.08, and be promoted ahead of all those who appear in an equal or lesser position on the promotional register, provided that he or she first successfully passes the examination for the promotional position.

(b)

The provisions of paragraph (a) shall also apply to a person who was a veteran when employed by the state or its political subdivision and who was recalled to extended active duty in the Armed Forces of the United States and was discharged or separated therefrom with an honorable discharge.

(c)

The provisions of paragraphs (a) and (b) shall apply only to a veteran’s first promotion after reinstatement or reemployment, without exception.

(2)

For the purposes of this section, “extended active duty” means active duty, other than for training, beyond the date of honorable discharge or separation, due to military requirements.

Source: Section 295.09 — Reinstatement or reemployment; promotion preference, https://www.­flsenate.­gov/Laws/Statutes/2024/0295.­09 (accessed Aug. 7, 2025).

295.01
Spouses and dependent children of deceased or disabled servicemembers
295.02
Use of funds
295.03
Minimum requirements
295.04
Appropriation
295.05
Admission
295.07
Preference in appointment and retention
295.08
Positions for which a numerically based selection process is used
295.09
Reinstatement or reemployment
295.11
Investigation
295.011
Disabled veterans
295.13
Disability of minority of veterans and spouse removed, benefits under Servicemen’s Readjustment Act
295.14
Penalties
295.015
Children of prisoners of war and persons missing in action
295.16
Disabled veterans exempt from certain license or permit fee
295.016
Children of servicemembers who died or became disabled in Operation Eagle Claw
295.17
Identification cards
295.017
Children of servicemembers who died or became disabled in the Lebanon and Grenada military arenas
295.018
Children of servicemembers who died in Newfoundland air tragedy
295.019
Children of servicemembers who died in U.S.S. Stark attack
295.21
Florida Is For Veterans, Inc
295.22
Veterans Employment and Training Services Program
295.23
Veterans research and marketing campaign
295.24
Prohibited reimbursement of assessments
295.061
Active duty servicemembers
295.065
Legislative intent
295.085
Positions for which a numerically based selection process is not used
295.123
Deserters and others
295.124
State approving agency for veterans’ education and training
295.125
Preference for admission to career training
295.155
Military retirement based on longevity
295.156
Alternative treatment options for veterans
295.157
Veterans Dental Care Grant Program
295.0185
Children of servicemembers who died or became disabled in Operation Enduring Freedom or Operation Iraqi Freedom
295.186
Removal of certain forms from official records
295.187
Florida Veteran Business Enterprise Opportunity Act
295.188
Preference in hiring veterans for private employers
295.0195
Children of servicemembers who died or became disabled in the Mideast Persian Gulf military arena during hostilities with Iraq or in the military action in Panama known as Operation Just Cause

Current through Fall 2025

§ 295.09. Reinstatement or reemployment; promotion preference's source at flsenate​.gov