Florida Administrative Code › 55 - DEPARTMENT OF VETERANS' AFFAIRS › 55A - Division of Veterans' Benefits and Assistance › Chapter 55A-7 - VETERANS' PREFERENCE IN APPOINTMENT AND RETENTION IN EMPLOYMENT › Section 55A-7.013 - Documentation of Preference Claim

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				applicant who believes he or she is entitled to Veterans' Preference in
				employment shall indicate such preference on the application form.
(2) The applicant claiming preference is
				responsible for providing required documentation at the time of making an
				application for a vacant position, or prior to the closing date of the vacancy
				announcement.
(3) The employer
				shall inform applicants of requirements for documentation of eligibility for
				preference in accordance with subsection (7), below.
(4) The employer shall determine whether an
				applicant is eligible for Veterans' Preference.
(5) The employer shall document the
				employee's election of Veterans' Preference.
(6) Intentional misrepresentation of any
				claim for preference shall disqualify the applicant from claiming Veterans'
				Preference on future applications, and if employed, shall be subject to
				disciplinary action by the employer, including dismissal.
(7) All applicants may submit: a Veterans'
				Preference Certification, FDVA form VP-1, incorporated by reference and found
				at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14602
or a simple letter, form, or other written application containing essentially
				the same information, and the following:
(a)
				Veterans, disabled veterans, and spouses of disabled veterans shall furnish a
				Department of Defense document, commonly known as form DD-214 or military
				discharge papers, or equivalent certification from the DVA, listing military
				status, dates of service and discharge type.
(b) Disabled veterans shall also furnish a
				document from the Department of Defense, the DVA, or the Department certifying
				that the veteran has a service-connected disability.
(c) Spouses of disabled veterans shall also
				furnish either a certification from the Department of Defense or the DVA that
				the veteran is totally and permanently disabled or an identification card
				issued by the Department; spouses shall also furnish evidence of marriage to
				the veteran and a statement that the spouse is still married to the veteran at
				the time of the application for employment; the spouse shall also submit proof
				that the disabled veteran cannot qualify for employment because of the
				service-connected disability.
(d)
				Spouses of persons on active duty shall furnish a document from the Department
				of Defense or the DVA certifying that the person on active duty is listed as
				missing in action, captured in line of duty, or forcibly detained or interned
				in line of duty by a foreign government or power; such spouses shall also
				furnish evidence of marriage and a statement that the spouse is married to the
				person on active duty at the time of that application for employment.
(e) The mother, father, legal guardian, or
				unremarried widow or widower of a deceased Veteran shall furnish a document
				from the Department of Defense showing the death of the service member while on
				duty status under combat-related conditions or the DVA certifying the
				service-connected death of the Veteran. The mother, father, or legal guardian
				shall provide evidence of familial relationship, such as a birth certificate.
				The unremarried widow or widower of a deceased Veteran shall furnish a document
				from the Department of Defense or the DVA certifying the service-connected
				death of the Veteran, and shall provide evidence of marriage, such as a
				marriage certificate. This evidence may be proved by providing a completed
				Certification of Unremarried Widow or Widower, FDVA form VP-3, incorporated by
				reference and found at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14604
or document or form that similarly provides evidence regarding such the status.
				This documentation is intended to facilitate granting rather than denying a
				benefit.
(f) The current service
				member of any active component of the United States Armed Forces who is
				expected to be discharged or released from active duty service under honorable
				conditions no later than 120 days after the date that a Statement of Service
				certification or letter is prepared by the armed forces, shall be treated as a
				Preference-Eligible applicant. These documents may be provided in lieu of a
				DD-214 or other documentation which may not be available until active service
				has ended.
(g) The current member
				of any reserve component of the United States Armed Forces may provide a signed
				memorandum stating he or she is serving honorably from his or her Commander or
				military human resource personnel, or a completed Certification of Current
				Member of Reserve Component of the United States Armed Forces or The Florida
				National Guard, FDVA form VP-2, incorporated by reference and found at
http://www.flrules.org/Gateway/reference.asp?No=Ref-14603
,
				signed by an immediate military supervisor. Full-Time duties and operational
				support assignments in the Reserve Component and the Florida National Guard,
				for all purposes other than receiving training, are Preference-Eligible for
				recruitment, hiring, retention, and promotional preferences.
(h) The employer has an affirmative duty to
				notify the applicant if a timely submitted Veterans' Preference claim is later
				found to be missing information; the employer shall advise the applicant of
				what is missing and provide a reasonable amount of time for the applicant to
				cure the deficiency. Specifically, the employer shall advise the applicant
				using email, written correspondence or another method, which may be later
				provided as evidence to the Department and the Public Employees Relations
				Commission, of what Veterans' Preference documentation is missing, and
				thereafter request that the applicant for the Veterans' Preference benefit cure
				any deficiency by submitting the missing documentation within five (5) business
				days following the date the request is received by the person seeking the
				Veterans' Preference benefit. An employer must document at least one attempt to
				contact the applicant. The hiring of the most qualified candidate does not
				obviate the requirement for statutory compliance with the obligation for
				providing Veterans' Preference to all eligible candidates.
(i) All persons seeking Veterans' Preference
				shall attempt to contact Human Resources or other designated contact at least
				one time after 45 days have passed, but not longer than 90 days from the final
				date for submitting an application or the interview date, whichever is later in
				time, and shall document such attempt, if the applicant has not received notice
				of a hiring decision from the employer. If the employer does respond to the
				attempted contact, the applicant has 60 days from that attempt date to file a
				complaint with FDVA.