Fla. Admin. Code R. 55A-7.003

Current through Reg. 50, No. 222; November 13, 2024

Section 55A-7.003 - Definitions

As used in the rules of Chapter 55A-7, F.A.C.:

(1) "Appointment" means employment of a preference-eligible applicant into a vacant position with the state or political subdivisions of the state after the effective date of these rules.

(2) "Armed Forces" or "armed services" means the Army, Navy, Air Force, Marine Corps and Coast Guard of the United States.

(3) "Augmented Rating" means the final numerical score received by a preference-eligible applicant after it is increased by Veterans' Preference augmentation points in accordance with Section 295.08, F.S., and Rule 55A-7.010, F.A.C., of this rule chapter.

(4) "Complaint Lacking Merit" means a complaint lacking a substantial ground in law or fact, which has little or no prospect of being resolved in favor of the veteran.

(5) "Death under Combat Related Conditions" means the death was determined by the Department of Defense or U.S. Government to have occurred as the direct result of armed conflict, while engaged in hazardous service, in the performance of duties under conditions simulating war, or through an instrumentality of war.

(6) "Department" means the Florida Department of Veterans' Affairs.

(7) "Department of Defense" means the United States Department of Defense.

(8) "DVA" means the United States Department of Veterans' Affairs.

(9) "Examination" means any selection device which results in a numerical score and by which applicants are determined eligible for consideration for a specific position, unless such examination is waived by the state or political subdivision. These devices will include the following:

(a) A written or proficiency assessment of an applicant's knowledge, skills, and abilities;

(b) An assessment of the essential knowledge, skills, abilities, and other job-related requirements possessed by an applicant, or

(c) An evaluation of the applicant's training and experience.

(10) "Family Member" for the purpose of Veterans' Preference, includes the mother, father, legal guardian, or unremarried widow or widower of a veteran.

(11) "Florida National Guard" means either the Florida Air National Guard or Florida Army National Guard.

(12) "Minimum Qualifications" means a specification of the kinds of experience, training, education, and licensure or certification (if applicable) that provides appropriate job-related evidence that an applicant possesses the minimum required knowledge, skills, and abilities necessary to the discharge of the duties involved.

(13) "Numerically Based Selection Process" means an examination resulting in a numerical score that is used to determine the qualifications for employment.

(14) "Preference-Eligible Applicant" or "Preferred Applicant" means an applicant eligible for preference in appointment or employee eligible for preference in retention pursuant to Section 295.07, F.S., including certain servicemembers and veterans, and the spouse and family members of the servicemembers and veterans.

(15) "Reserve Component of the United States Armed Forces" means the United States Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve and Coast Guard Reserve.

(16) "Servicemember" as found in Section 295.065, F.S., includes a person currently serving in the active military, naval, or air service under honorable status or a "veteran" as defined in section 1.01(14), F.S.

(17) "Vacant Position" means a position which the employer has announced as being open for recruitment and available to all applicants. A position that is announced as being open to current employees only, to be filled by the reassignment, promotion or demotion of an employee is not a vacant position for the purpose of this chapter.

(18) "Veteran" or "Wartime Veteran" is defined in Section 1.01(14), F.S.

(a) Active duty for training will not qualify a veteran for Veterans' Preference eligibility.

(b) To receive benefits as a "Wartime Veteran, " a veteran must have 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 specific periods of wartime service described in Section 1.01(14), F.S.

(19) "Veterans' Preference" means laws enacted to prevent veterans from being penalized in their civilian careers for their time in military service. Veterans' Preference laws recognize the economic loss suffered by citizens who have served their country in uniform, restore veterans to a favorable competitive position for public employment, and acknowledge the larger obligation owed to disabled veterans. Preference shall be awarded as detailed in Section 295.08, F.S., when numerically based selection is used and Section 295.085, F.S. when numerically based selection is not used.

Fla. Admin. Code Ann. R. 55A-7.003

Rulemaking Authority 295.07(2) FS. Law Implemented 1.01(14), 295.065, 295.07 FS.

New 3-30-88, Formerly 22VP-1.003, Amended 2-12-90, 6-21-92, 7-12-93, 12-27-98, 7-26-00, 6-11-08, Amended by Florida Register Volume 42, Number 115, June 14, 2016 effective 6/27/2016, Amended by Florida Register Volume 48, Number 149, August 2, 2022 effective 8/17/2022.

New 3-30-88, Formerly 22VP-1.003, Amended 2-12-90, 6-21-92, 7-12-93, 12-27-98, 7-26-00, 6-11-08, 6-27-16, 8-17-22.