Fla. Admin. Code tit. 55 | Fla. Admin. Code Title 55 — Department of Veterans' Affairs

Division 55 Departmental

Chapter 55-1 ORGANIZATION

Fla. Admin. Code R. 55-1.001 Agency Established

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-1.0015 Agency Description

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-1.003 Agency Head

(1) The head of the Department of Veterans’ Affairs is the Governor and Cabinet.

(2) The Executive Director of the Department shall be appointed by the Governor with the approval of three members of the Cabinet and subject to confirmation by the Senate. The Executive Director shall serve at the pleasure of the Governor and Cabinet.

(3) Authority to take the following action is hereby delegated to the Executive Director of the Department of Veterans’ Affairs or his designee:

(a) To approve the transfer of appropriations pursuant to Section 216.292, F.S..

(b) To administer personnel rules for career service employees and persons paid from OPS and to administer personnel actions for employees exempt from the career service system.

(c) To add, delete, or transfer authorized positions within each budget entity in accordance with Sections 216.262 and 216.141, F.S.

(d) To administer travel and per diem expenses of public officers, employees and authorized persons on official business, pursuant to Section 112.061, F.S..

(e) To negotiate, execute and enter into contracts and agreements, except as provided in paragraph (h), required for operation of the Department or to carry out programs approved by the Legislature or Governor and Cabinet; except, however, this delegation shall exclude awards of commodity contracts by the Department of Management Services.

(f) To expend appropriated funds and make purchases including capital outlay to carry out day-to-day operations of the Department.

(g) To execute contracts and orders approved by or on behalf of the Governor and Cabinet.

(h) To contract for consultant and professional services up to $100,000. However, selection of consultant and professional services, other than sole source, shall be by procedures set forth in the Consultants Competitive Negotiations Act, Section 287.055, F.S. (1988), or other competitive selection process established by rule.

(i) To enter into leases of real property for the Department’s operations.

(j) To designate appropriate officials or employees to act as custodian of the records of the Department, to accept service of process on behalf of the Department or Executive Director in accordance with law.

(k) To bring suit in the name of the Department and in consultation with the Attorney General, or to defend suit in the name of the Department.

(l) To settle claims, actions, causes of action and legal proceedings brought against the Department or its employee acting within the scope of his/her employment.

(m) To notify state attorneys, sheriffs or other law enforcement agencies of activity in violation of state law or Department rules when such violation is beyond the capacity of the Department to halt or prosecute.

(n) To accept donations and gifts of property or grants of money on behalf of the Department in compliance with the law, provided such gifts are unencumbered and have no impact on any other agency of the state.

(o) To respond in behalf of the Department to petitions filed pursuant to Sections 120.54, 120.56 and 120.57(1) and (2), F.S., and to issue declaratory statements pursuant to Section 120.565, F.S..

(p) To approve memberships in professional and other organizations in which state funds appropriated to the Department will be used in payments or dues pursuant to Section 216.345, F.S..

(q) To initiate all rulemaking.

(r) To perform other such functions as may be necessary to supervise, direct, conduct and administer the day-to-day duties of the Department as authorized by law or by rules and policies adopted by the Governor and Cabinet.

(s) The quarterly report of the Executive Director shall include reports of actions taken under paragraphs (e), (h), (i), (k), (l), (m), (n) and (p) above.

(4) When a matter which is the subject of a delegation approved in subsection (3) becomes controversial or when extraordinary events arise concerning a delegated action, that matter shall be brought before the Governor and Cabinet for their decision. Final action on all Department actions which result in a Recommended Order being issued pursuant to Section 120.57, F.S., shall be taken by the Governor and Cabinet.

(5) In addition to the delegations listed in subsection (3), the Governor and Cabinet have and may from time to time in the future approve additional delegations to the Executive Director or other staff when adopting other rules of the Department. A person interested in a particular program should review the specific rules of that program.

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.05, 296.04(2), (5), 296.34(3), (5) FS. History–New 7-5-89, Amended 5-5-92, 1-2-94, 6-10-08.

Fla. Admin. Code R. 55-1.005 Organization and Operations

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.05, 296.02, 296.33 FS. History–New 7-5-89, Amended 7-2-90, 6-21-92, Repealed 3-14-96.

Fla. Admin. Code R. 55-1.021 General Information

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.05 FS. History–New 7-5-89, Amended 6-10-08, Repealed 11-26-15.

Fla. Admin. Code R. 55-1.023 Statutory Chapters and Rules

History

Rulemaking Authority 292.05(3), 296.04(2) FS. Law Implemented 292.05 FS. History–New 7-5-89, Amended 7-2-90, 6-10-08, Repealed 11-26-15.

Fla. Admin. Code R. 55-1.025 Public Information and Inspection of Records

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.05 FS. History–New 7-5-89, Repealed 11-26-15.

Fla. Admin. Code R. 55-1.032 Agency Clerk

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.05 FS. History–New 7-5-89, Amended 6-10-08, Repealed 11-26-15.

Fla. Admin. Code R. 55-1.033 Public Access

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-1.034 Drug-Free Workplace

History

Rulemaking Authority 292.05(3) FS. Law Implemented 112.0455 FS. History–New 2-21-93, Repealed 6-10-08.

Chapter 55-2 MEETINGS OF GOVERNOR AND CABINET AS HEAD OF DEPARTMENT

Fla. Admin. Code R. 55-2.001 Application of Rules

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37 FS. History–New 7-5-89, Repealed 11-26-15.

Fla. Admin. Code R. 55-2.002 Membership of Florida Cabinet

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-2.003 Meetings of the Governor and Cabinet as Head of the Department of Veterans’ Affairs

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Amended 6-10-08, Repealed 11-26-15.

Fla. Admin. Code R. 55-2.004 Presiding Officer

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-2.005 Quorum

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-2.006 Agendas

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-2.007 Distribution of Agendas

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-2.008 Recording of Proceedings

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-2.009 Minutes

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-2.010 Quarterly Reports

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Amended 5-5-92, 6-10-08, Repealed 11-26-15.

Fla. Admin. Code R. 55-2.011 Agency Action

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-2.012 Voting

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Repealed 6-10-08, Repealed 6-10-08.

Fla. Admin. Code R. 55-2.013 Amendment to Rules

History

Rulemaking Authority 292.05(3) FS. Law Implemented 20.37, 292.05 FS. History–New 7-5-89, Repealed 6-10-08.

Chapter 55-4 FLORIDA COMMISSION ON VETERANS' AFFAIRS

Fla. Admin. Code R. 55-4.001 The Commission

History

Specific Authority 292.05(3) FS. Law Implemented 292.04 FS. History–New 7-31-84, Formerly 27I-1.01, 27I-1.001, Amended 10-4-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-4.002 Membership; Qualifications; Term of Office of Commission Members

History

Specific Authority 292.05(3) FS. Law Implemented 292.04 FS. History–New 7-31-84, Formerly 27I-1.02, 27I-1.002, Amended 10-4-89, Repealed 6-10-08.

Fla. Admin. Code R. 55-4.003 Organization and Meetings of the Commission

History

Specific Authority 292.05(3) FS. Law Implemented 292.04 FS. History–New 7-31-84, Formerly 27I-1.03, 27I-1.003, Amended 10-4-89, Repealed 6-10-08.

Chapter 55-5 MINORITY BUSINESS ENTERPRISE PROCUREMENT

Fla. Admin. Code R. 55-5.001 Purpose

History

Specific Authority 287.0947(2) FS. Law Implemented 287.042(4)(f), 287.0945(1), 287.0947 FS. History–New 7-2-90, Repealed 6-10-08.

Fla. Admin. Code R. 55-5.002 Procurement Goal

History

Specific Authority 287.0947(2) FS. Law Implemented 287.042(4)(f), 287.0945(1), 287.0947 FS. History–New 7-2-90, Amended 1-26-93, Repealed 6-10-08.

Fla. Admin. Code R. 55-5.003 Procedures

History

Specific Authority 287.0947(2) FS. Law Implemented 215.422, 255.05(1)(a), 287.062(1), (4), (5), 287.0947 FS. History–New 7-2-90, Amended 1-26-93, Repealed 6-10-08.

Chapter 55-6 FINAL ORDER INDEXING, MANAGEMENT AND AVAILABILITY

Fla. Admin. Code R. 55-6.001 Authority

History

Specific Authority 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 1-26-93, Repealed 6-10-08.

Fla. Admin. Code R. 55-6.002 Purpose

History

Specific Authority 120.533 FS. Law Implemented 120.53(2)-(4) FS. History–New 1-26-93, Repealed 6-10-08.

Fla. Admin. Code R. 55-6.003 Public Inspection and Duplication

History

Specific Authority 120.533 FS. Law Implemented 120.53(2)(a)1.-5. FS. History–New 1-26-93, Repealed 6-10-08.

Fla. Admin. Code R. 55-6.004 Final Orders Required to Be Indexed

History

Specific Authority 120.533 FS. Law Implemented 120.53(2)(a)3., (s) FS. History–New 1-26-93, Repealed 6-10-08.

Fla. Admin. Code R. 55-6.005 Listing of Final Orders

History

Specific Authority 120.533 FS. Law Implemented 120.53(2)(a)4. FS. History–New 1-26-93, Repealed 6-10-08.

Fla. Admin. Code R. 55-6.006 Numbering of Final Orders

History

Specific Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History–New 1-26-93, Repealed 6-10-08.

Fla. Admin. Code R. 55-6.007 System for Indexing Final Orders

History

Specific Authority 120.533(1)(f) FS. Law Implemented 120.53(2)-(4) FS. History–New 1-26-93, Repealed 6-10-08.

Fla. Admin. Code R. 55-6.008 Maintenance of Records

History

Specific Authority 120.533(1)(j) FS. Law Implemented 119.041(2) FS. History–New 1-26-93, Repealed 6-10-08.

Fla. Admin. Code R. 55-6.009 Plan

History

Specific Authority 120.533(1)(j) FS. Law Implemented Chapter 91-30, Section 10, Laws of Florida. History–New 1-26-93, Repealed 6-10-08.

Chapter 55-11 VETERANS' DOMICILIARY HOME OF FLORIDA

Fla. Admin. Code R. 55-11.001 Purpose

History

Rulemaking Authority 296.04(2) FS. Law Implemented 296.04(2) FS. History–New 5-29-90, Amended 11-19-92, Repealed 11-26-15.

Fla. Admin. Code R. 55-11.002 Policies

History

Rulemaking Authority 296.04(2) FS. Law Implemented 296.02(2), 296.06(1) FS. History–New 5-29-90, Amended 11-19-92, 10-27-94, 12-27-98, Repealed 11-26-15.

Fla. Admin. Code R. 55-11.003 Definitions

(1) “Administrator” means the person appointed to serve as the chief executive of the home.

(2) “Applicant” means a veteran with peacetime or wartime service as defined in subsections (11) and (16), herein, who is not in need of hospitalization or nursing home care.

(3) “Assisted living facility” has the meaning given to that term under the “Assisted Living Facilities Act,” Sections 429.01-429.55, F.S.

(4) “Comprehensive Care Plan” means the written plan which sets forth each resident’s emotional, behavioral, social and physical goals and objectives to maintain an optimal level of self-care and independence as established by staff disciplines representing medical, nursing, dietetics, social service and rehabilitation. Due consideration shall be given to the resident care standards found in state and federal law, including but not limited to the standards of the United States Department of Veterans Affairs, except where the state’s standards are more restrictive and require adherence to the state’s standards pursuant to Section 296.17, F.S. These standards may be found but are not limited to the rules of Title 38 C.F.R. Part 51; Chapter 429, Part I, F.S.; Assisted Living Facility Rule 59A-36.007, F.A.C.; and this rule Chapter 55-11, F.A.C.

(5) “Department” means the Florida Department of Veterans’ Affairs.

(6) “Director” means the Executive Director of the Florida Department of Veterans’ Affairs.

(7) “Domiciliary Care” means shelter, sustenance, and incidental medical care provided on an ambulatory self-care or temporarily assisted care basis for eligible veterans who are disabled by age or disease, but who are not in need of hospitalization or nursing home care services, and includes extended congregate care.

(8) “Extended Congregate Care” means acts in accordance with the definitions given in Sections 296.02 and 429.02, F.S.

(9) “Interdisciplinary Treatment Team” – A professional team consisting of the Executive Director of Nursing (END), Senior Registered Nurse Supervisor (SRNS), Physician/Advanced Registered Nurse Practitioner (ARNP)/Consultant, Social Services Program Manager, Food Services Director, Activities Director, and Senior Clerk/Recorder to develop a comprehensive plan of care for each resident, make recommendations to the Administrator for implementing the plan, and follow up to evaluate its effectiveness, and make adjustments as needed.

(10) “Mentally ill” means having an impairment as defined in Section 296.02(6), F.S.

(11) “Peacetime Service” means service as defined in Section 296.02(7), F.S.

(12) “Property” means equipment, fixtures and other tangible personal property of a nonconsumable and nonexpendable nature the value or cost of which is $500.00 or more and the normal expected life of which is one year or more, and hardback-covered bound books the value or cost of which is $100 or more, owned by the state.

(13) “Resident” means any eligible veteran admitted to live in the Veterans’ Domiciliary Home of Florida.

(14) “VA” means the United States Department of Veterans’ Affairs.

(15) “Veterans’ Domiciliary Home of Florida” means a home established by the state under Chapter 296, Part I, F.S., and defined in Section 296.03, F.S.

(16) “Wartime Service” means service as defined in Section 296.02(11), F.S.

History

Rulemaking Authority 296.04(2) FS. Law Implemented 296.02, 296.04(1), 296.06, 296.17 FS. History–New 5-29-90, Amended 11-19-92, 3-31-94, 10-27-94, 12-27-98, 1-2-23, Technical Change 8-7-26.

Fla. Admin. Code R. 55-11.005 Admission Eligibility

(1) To be eligible for residence, a veteran must meet the criteria stated in Section 296.06, F.S., and not be determined to be ineligible under Section 296.07, F.S.

(2) The veteran applicant must not be in need of hospitalization or nursing home care and must be ambulatory, substantially able to attend to personal needs, dress, groom, and attend a general dining facility or be in need of extended congregate care.

(3) Criteria for admission to the domiciliary home must be consistent with the admission requirements for assisted living facilities set forth in Rule 59A-36.006, F.A.C., and said criteria are incorporated by reference in this rule section.

(4) Before admission, each applicant must apply for and receive a certificate of eligibility from the VA, using the most current application packet provided by the Florida Department of Veterans’ Affairs that includes any required VA forms and instructions, to explain the supporting documentation that is required. The application forms are not adopted in this rule as permanent links because VA may update its forms; however, the most current VA forms can be obtained from any of the following locations:

(a) Robert H. Jenkins, Jr. Veterans’ Domiciliary Home of Florida, 751 SE Sycamore Terrace, Lake City, Florida 32025. Telephone number: (386)758-0600; Fax: (386)758-0549, or Website: https://www.floridavets.org/locations/state-veterans-nursing-homes/.

(b) Florida Department of Veterans’ Affairs Field Services Offices in VA Medical Centers or Outpatient clinics located at Bay Pines, Gainesville, Lake City, Miami, Tampa, Daytona Beach, West Palm Beach, Tallahassee, Fort Myers, Port Richey, Riviera Beach, Pensacola and Oakland Park or Park, or Country or City Veteran Service offices located in counties throughout Florida. Please call (386)758-0600 for the most current Admissions information or to locate a convenient office.

(5) The fully completed Application for Certificate of Eligibility along with all required supporting documentation must be forwarded to the home at the Robert H Jenkins, Jr., Domiciliary Home of Florida, 751 SE Sycamore Terrace, Lake City, Florida 32025. Incomplete applications will be returned to the applicant.

(a) The completed application with all required supporting documentation will be reviewed by an Admissions Committee at the Domiciliary consisting of representatives of Business Services, Health Services, Social Services, and Food Services.

(b) The Admissions Committee will review the application and make a recommendation to the Administrator as to the action to be taken, and whether or not to approve the admission.

History

Rulemaking Authority 296.04(2) FS. Law Implemented 1.01(14), 296.02(6), 296.04(2), 296.06(2), 296.07, 296.08 FS. History–New 5-29-90, Amended 3-31-94, 10-27-94, 12-27-98, 12-28-04, 10-26-14, 1-2-23, Technical Change 8-7-26.

Fla. Admin. Code R. 55-11.006 Admittance Priority and Procedure

(1) Applicants shall be issued certificates of eligibility in accordance with the priority of admittance under Section 296.08, F.S.

(2) An Applicant’s individual financial circumstances and ability to contribute to the costs of his or her support will be determined in accordance with Section 296.10, F.S., and resident contributions toward cost of care may not exceed the actual cost of operating and maintaining the home.

(3) The Administrator will issue certificates of eligibility to veterans who are eligible to become residents and while a resident of the home, residents shall be required to pay to the home an amount sufficient to defer the full cost of support.

(4) The Administrator will notify the applicant who has been issued a certificate of eligibility when a room is available and will schedule the applicant to take a final preadmission physical examination in Lake City, Florida. The applicant must appear and be given the preadmission physical examination to assure that the applicant is fully eligible for admission as a resident of the home. Transportation costs to and from the home for all such preadmission procedures are the responsibility of the applicant.

History

Rulemaking Authority 296.04(2) FS. Law Implemented 296.08, 296.10(2), 296.10(3) FS. History–New 5-29-90, Amended 12-27-98, 7-26-00, 12-12-22.

Fla. Admin. Code R. 55-11.007 Health Record and General Register

History

Rulemaking Authority 296.04(2) FS. Law Implemented 296.09 FS. History–New 5-29-90, Amended 12-27-98, 7-26-00, Repealed 11-26-15.

Fla. Admin. Code R. 55-11.008 Residents’ Contribution to Support

History

Rulemaking Authority 296.04(2) FS. Law Implemented 296.04(6), 296.10(1) FS. History–New 5-29-90, Amended 3-31-94, 1-25-96, 12-27-98, 7-26-00, Repealed 11-26-15.

Fla. Admin. Code R. 55-11.009 Order and Discipline of Residents

(1) Residents of the home shall cooperate fully in the preservation of order and discipline in the home.

(a) Residents shall observe good health habits and personal hygiene.

Except for any specific area designated by the Administrator for such use, the use of tobacco products inside the home is prohibited. Areas shall be designated outside of the home for such use.
The use or possession of non-medicinal alcohol, illegal drugs or any controlled substance in the home or on the grounds of the home, is prohibited. Prescription drugs will be controlled by the home, and administered or supervised by the home staff.
Residents shall maintain their persons and their living areas in a clean and sanitary manner.
Residents shall submit to such physical or mental examinations and shall cooperate in such health or rehabilitative programs as may be outlined by the Comprehensive Care Plan.

(b) Residents shall conduct themselves in a way that does not endanger the safety or security of other residents of the home.

Residents shall not bring anything into the home or onto the grounds of the home that endangers the safety or security of other residents.
Residents shall not have personal items in their possession that would constitute a fire or safety hazard.
Residents shall maintain a courteous relationship toward other residents and members of the staff. Abusive, profane or obscene language shall not be used.
Residents shall dress appropriately for the particular activity that they may be engaged in from time to time.
Residents shall respect the property of other residents and the facilities of the home.
Illegal gambling shall not be permitted in the home.

(c) Visiting hours, areas of visitation, and conduct of residents and visitors during visits shall not interfere with the comfort and well-being of other residents.

(d) Leave time.

Absence of up to 96 hours shall not require approval as leave. Absence in excess of such period shall be considered leave time.
Residents shall be entitled to up to thirty (30) calendar days of approved leave in any 12 month period, and will receive a written approval or pass. Leave in excess of thirty (30) calendar days will only be granted by the Administrator in extraordinary situations that are beyond the control of the resident.
A resident is required to continue to make the member’s full contribution to the home while absent or on approved regular annual leave or pass.

(e) No resident shall engage in illegal conduct.

(2) The Administrator, subject to the approval of the Director, is empowered by Section 296.04, F.S., to dismiss a resident of the home for any infraction of these rules.

(3) If the Administrator determines that a resident has caused physical damage to the home, or its furnishings and equipment, either negligently or intentionally, the Administrator may utilize all appropriate remedies as described in Section 296.04, F.S.

History

Rulemaking Authority 296.04(2) FS. Law Implemented 296.04(2), (5) FS. History–New 5-29-90, Amended 3-26-91, 11-19-92, 3-31-94, 12-27-98, 12-12-22.

Fla. Admin. Code R. 55-11.010 Residents’ Deposits of Money

History

Rulemaking Authority 296.04(2) FS. Law Implemented 296.11(3), 296.12, 296.13 FS., as amended by Chapter 92-80, Laws of Florida. History–New 5-29-90, Amended 11-19-92, 12-27-98, 7-9-14, Repealed 11-26-15.

Fla. Admin. Code R. 55-11.011 Residents’ Deposits of Personal Property

History

Rulemaking Authority 296.04(2) FS. Law Implemented 296.14 FS. History–New 5-29-90, Amended 3-31-94, 12-27-98, 7-26-00, Repealed 11-26-15.

Fla. Admin. Code R. 55-11.012 Vocational Rehabilitation and Work Incentive Programs

History

Rulemaking Authority 296.04(2) FS. Law Implemented 296.04(6), 296.10(1), 296.17, 400.402 FS. History–New 6-25-91, Amended 3-31-94, 12-27-98, Repealed 12-12-22.

Chapter 55-12 VETERANS' NURSING HOME OF FLORIDA

Fla. Admin. Code R. 55-12.001 Purpose

History

Rulemaking Authority 296.34(3) FS. Law Implemented 296.32 FS. History–New 5-23-93, Amended 12-27-98, Repealed 11-26-15.

Fla. Admin. Code R. 55-12.002 Policies

History

Rulemaking Authority 296.34(3) FS. Law Implemented 296.33(6), 296.35, 296.41 FS. History–New 5-23-93, Amended 12-27-98, 6-10-08, Repealed 11-26-15.

Fla. Admin. Code R. 55-12.003 Definitions

History

Rulemaking Authority 296.34(3) FS. Law Implemented 296.33, 296.38, 296.41 FS. History–New 5-23-93, Amended 12-27-98, 6-10-08, Repealed 11-26-15.

Fla. Admin. Code R. 55-12.004 Admission Eligibility

History

Rulemaking Authority 296.34(3) FS. Law Implemented 296.36 FS. History–New 5-23-93, Amended 12-27-98, 7-26-00, 6-10-08, 10-26-14, Repealed 11-26-15.

Fla. Admin. Code R. 55-12.005 Admittance Priority and Procedure

History

Rulemaking Authority 296.34(3) FS. Law Implemented 296.36, 296.37(2) FS. History–New 5-23-93, Amended 12-27-98, 7-26-00, Repealed 11-26-15.

Fla. Admin. Code R. 55-12.006 Residents’ Contribution to Cost of Care

(1) Every resident who receives income from any source shall contribute to his or her cost of care while a resident of the home in accordance with Section 296.37, F.S., under the parameters set forth by the Florida Legislature.

(a) Income from any source is income over which the resident has control and can exercise discretion. It is gross income not including taxes or other expenses necessary for the production of the income.

(b) Pension, compensation or gratuity from the United States Government is the amount paid to the resident as a single person. Additional amounts paid for the support of a spouse or other dependents are not considered.

(c) A resident’s income shall be calculated to include all income from any source, plus any pension, compensation or gratuity from the United States Government, in accordance with Section 296.37, F.S. Upon the recommendation of the Administrator, and with the approval of the Director, a resident will be allowed to retain some additional amount on a temporary basis, when necessary due to exceptional or unusual personal health needs of the resident.

(2) The Administrator shall determine the amount of the required contribution of each resident of the home based on the daily cost of care in the home.

(a) The daily cost of care is calculated by dividing the total operating budget of the home for the period for which the calculation is being made by the estimated total number of days in the period that residents will occupy beds in the home (average daily census).

(b) The daily cost of care will be calculated annually based on the 12 month state fiscal year (July 1 through June 30), except that if the average daily census changes by 10%, up or down, for the immediately preceding 3 calendar month period, the Administrator may recalculate the daily cost of care based on the revised daily census figure.

(c) The residents required contribution shall be adjusted, up or down, on the first day of the month following the month in which the recalculation of the daily cost of care occurs.

(3) The United States Department of Veterans Affairs (VA) contribution is the amount of VA per diem payment to the home for those residents determined by the VA to be eligible to receive such assistance.

(4)(a) The required contribution for a resident who is eligible for the VA contribution is the daily cost of care as calculated under paragraph (2)(a), herein, not to exceed the amount of the resident’s income as calculated under paragraph (1)(c), herein.

(b) The required contribution for a resident who is not eligible for the VA contribution is the daily cost of care as calculated under paragraph (2)(a), herein.

(5) Upon admission the resident shall pay in full, in advance, the pro-rata share of the resident’s contribution for the remainder of the calendar month during which the resident is admitted.

(6) Each resident shall pay the full amount of the resident’s contribution for each calendar month, in advance, by the fifth business day of the month. In the event the resident is discharged for any reason before the end of the month, a pro-rata portion of the resident’s contribution for the month shall be refunded to the resident.

(7) Failure to pay the required contribution will be cause for the Administrator, subject to the approval of the Director, to dismiss the resident from the home.

(8) This rule will expire unless re-adopted no later than five years from the effective date.

History

Rulemaking Authority 296.34(3) FS. Law Implemented 296.37 FS. History–New 5-23-93, Amended 12-27-98, 7-26-00, 6-10-08, 11-27-22.

Fla. Admin. Code R. 55-12.007 Order and Discipline in the Home

(1) Resident of the home shall cooperate fully in the preservation of order and discipline in the home, in accordance with all rules of the home, including enforcement of the rules of discipline, pursuant to Section 296.34(5), F.S.

(a) Residents shall observe good health habits and personal hygiene.

Smoking inside the home is prohibited. Areas may be designated outside the home for such use.
The use of drugs or any controlled substance in the home is prohibited except as provided in subparagraph 3., herein. Alcohol may be consumed by a resident as ordered by the resident’s physician.
Prescription drugs will be controlled by the home, to be administered as ordered by the resident’s physician. Residents may self-administer prescription or over the counter drugs as ordered by the resident’s physician where the Interdisciplinary Care Plan of the resident indicates this practice to be safe.
Resident’s shall submit to such physical or mental examinations and shall cooperate in such health or rehabilitative programs as may be ordered by the resident’s physician or the Medical Director.

(b) Residents shall conduct themselves in a way that does not endanger the safety or comfort of other residents of the home.

Residents shall not bring anything into the home that endangers the safety or comfort of other residents.
Residents shall not have personal items in their possession that would constitute a fire or safety hazard.
Residents shall maintain a courteous relationship toward other residents and staff of the home. Abusive, profane or obscene language shall not be used.
Residents shall dress appropriately for the particular activity that they may be engaged in from time to time.
Residents shall respect the property of other persons and the facilities of the home.
Illegal gambling shall not be permitted in the home.

(c) Visiting hours, area of visitation, and conduct of residents and visitors during visits shall not interfere with the comfort and well-being of other residents.

(d)1. A resident may leave the home for up to 96 hours where such absence is approved in the resident’s Interdisciplinary Care Plan. The resident is required to make the full contribution to the cost of care while absent.

A resident who leaves against medical advice shall not be eligible to return unless approved by the resident’s physician and the Administrator.

(e) No resident shall engage in illegal conduct.

(2) The Administrator, subject to the approval of the Director, is empowered by Section 296.34(5), F.S., to dismiss a resident of the home for any infraction of these rules.

(3) Where the Administrator determines that a resident has caused physical damage to the home, or its furnishings and equipment, either negligently or intentionally, the Administrator shall determine the cost of repairs or replacement, and take action to recover such costs. The Administrator shall recover such repair or replacement cost by:

(a) Increasing the resident’s co-payment.

(b) Using funds of the resident that are on deposit in the Resident’s Deposit Trust Fund.

(c) Holding personal property or funds of the resident being held by the home for safekeeping as security for the cost of repairs or replacement.

(4) This rule will expire unless re-adopted no later than five years from the effective date.

History

Rulemaking Authority 296.34(3) FS. Law Implemented 296.34 FS. History–New 5-23-93, Amended 12-27-98, 6-10-08, 11-27-22.

Fla. Admin. Code R. 55-12.008 Residents’ Deposit of Money or Personal Property

History

Rulemaking Authority 296.34(3) FS. Law Implemented 296.38 FS. History–New 5-23-93, Amended 12-27-98, 6-10-08, Repealed 11-26-15.

Chapter 55-15 Veterans Dental Care Grant Program

Fla. Admin. Code R. 55-15.001 Definitions

For the Purposes of this rule, the following definitions apply:

(1) “Grantees” means Organization(s) receiving grant funding under this rule.

(2) “Awardees” means Such dental practices, or individual dentists selected by the Grantees to provide services through the Veterans Dental Care Grant Program.

(3) “Program” means Veterans Dental Care Grant Program.

(4) “FVF” means the Florida Veterans Foundation.

(5) “Veteran” means the same as the definition located in section 1.01(14), F.S. The term includes all members of the Florida National Guard and United States Reserve Forces who were discharged or released under honorable conditions only, or who later received an upgraded discharge under honorable conditions.

(6) “FDVA” means the Florida Department of Veterans’ Affairs.

(7) “FBD” means the Florida Board of Dentistry.

(8) “VA” means the United States Department of Veterans Affairs.

(9) “Pertinent organizations” means FVF-approved dental services providers

History

Rulemaking Authority 295.157(5) FS. Law Implemented 295.157 F.S. History-New 4-17-25.

Fla. Admin. Code R. 55-15.002 Program Description

(1) The FVF will oversee the operation of the Program, which is subject to an appropriation by the Legislature and will serve veterans during the annual funding period. To administer the Program, the FVF will award grants to eligible nonprofits with experience providing veterans with dental care. Any organization that receives funding shall only contract with dental practices or individual dentists currently licensed and in good standing with the FBD.

(2 The FVF, in consultation with the FDVA, a not-for-profit organization that provides charitable dental care, and a dentist in good standing with the FBD and recommended by the FBD as a consultant regarding dental services, will select Grantees based on a prospective Grantee’s ability to facilitate covered services through Awardees to eligible veterans living in one or more of Florida’s numerous regions.

(3) The FVF will ensure that Program grant funds are allocated proportionately based on the geographic distribution of the state’s veteran population. Therefore, the FVF will seek to select one or more eligible nonprofit organizations with experience in providing dental care to veterans based on their geographic service area or their demonstrated abilities to provide dental care to the required areas of Florida.

(4) Grant applications under the Program will be awarded until funds for the appropriate year are expended.

History

Rulemaking Authority 295.157(5) FS. Law Implemented 295.157 FS. History-New 4-17-25.

Fla. Admin. Code R. 55-15.003 Veteran Eligibility Requirements

To qualify for services under the Program, veterans must provide documentation in the required forms as listed on the FVF website by uploading documents to the website showing that they meet the following requirements:

(1) Must have been issued a DD-214, NGB 22, or Certificate of Discharge.

(2) Must reside in Florida.

(3) Must be at a 300% Poverty Level or below as defined by the federal government, at the time of their application.

(4) Must be less than 100% service-connected disabled.

(5) Must not have a direct service-connected injury impacting their oral health.

History

Rulemaking Authority 295.157(5) FS. Law Implemented 295.157 FS. History-New 4-17-25.

Fla. Admin. Code R. 55-15.004 Grantee Application Requirements

Organizations applying to be a Grantee will be required to do the following:

(1) Submit their Florida Veterans’ Foundation Dental Program Grant Application (Form DPA24-1012) effective date February 13, 2025 http://flrules.org/Gateway/reference.asp?No=Ref-17893 incorporated herein by reference to the FVF no later than a date set by FDVA. The application needed to attain Grantee status can be downloaded from the FVF Website.

(2) Demonstrate that they can facilitate dental care services, including dental maintenance and disease elimination, diagnostics, and dental hygiene for veterans through qualified prospective Awardees.

(3) Coordinate with pertinent organizations to assess veteran dental needs in their geographic area of responsibility.

History

Rulemaking Authority 295.157(5) FS. Law Implemented 295.157 FS. History-New 4-17-25.

Fla. Admin. Code R. 55-15.005 Grantee Workplan Requirements

To receive a distribution of grant funds, Grantees must have completed the following requirements:

(1) Submitted their Florida Veterans’ Foundation Dental Program Grant Application (Form DPA24-1012)

effective date February 13, 2025, http://flrules.org/Gateway/reference.asp?No=Ref-17894 as revised, and incorporated herein by reference, based on the award amount offered to Grantee to the FVF online no more than thirty (30) days after notice of award. The

application for grant funding can be downloaded from the FVF Website.

(2) Received confirmation from the FVF that they can facilitate dental care services including dental maintenance and disease elimination, or diagnostics and dental hygiene for veterans through qualified prospective Awardees.

(3) Coordinated with pertinent organizations that veteran dental needs in their geographic area of responsibility still need to be addressed.

History

Rulemaking Authority 295.157(5) FS. Law Implemented 295.157 FS. History-New 4-17-25.

Division 55A Division of Veterans' Benefits and Assistance

Chapter 55A-1 IDENTIFICATION CARDS

Fla. Admin. Code R. 55A-1.001 Purpose

History

Rulemaking Authority 295.17(1)(b) FS. Law Implemented 295.17 FS. History–New 7-2-90, Repealed 11-29-15.

Fla. Admin. Code R. 55A-1.002 Eligibility

History

Rulemaking Authority 295.17(1)(b) FS. Law Implemented 295.17 FS. History–New 7-2-90, Repealed 11-29-15.

Fla. Admin. Code R. 55A-1.003 Procedure

(1) A veteran who wishes to request an identification card must complete an Application For Florida Disabled Veteran’s Identification Card, FDVA Form 14, which form is hereby incorporated by reference. The application form can be obtained from any of the following:

(a) Florida Department of Veterans’ Affairs, P.O. Box 31003, St. Petersburg, Florida 33731 or 9500 Bay Pines Blvd., St. Petersburg, Florida 33708.

(b) Florida Department of Veterans’ Affairs Field Services offices in VA Medical Centers located at Bay Pines, Gainesville, Lake City, Miami, Tampa and West Palm Beach, as well as VA Out Patient Clinics in Daytona Beach, Ft. Myers, Jacksonville, Oakland Park, Orlando, Pensacola, Pt. Richey and Viera. Consult the local telephone directory for the address of the nearest office.

(c) County or City Veteran Service Offices located in counties throughout Florida. Consult the local telephone directory for the address of the nearest office.

(2) The Department shall require the veteran to submit proof that the veteran is a permanent resident of Florida at the time of application.

(3) A veteran claiming eligibility for an identification card pursuant to paragraph (1)(a), of this rule, shall, if available, submit a copy of the award letter from the VA showing that the veteran is 100%, service-connected, permanently and totally disabled.

(4) A veteran claiming eligibility for an identification card pursuant to paragraph (1)(b), of this rule, shall submit a statement from the branch of service concerned attesting to the veteran’s current disability rating and retirement pay status. Such statement must be dated no more than 180 days prior to the date the application is received by the Department.

(5) The Department will review the veteran’s completed application to determine eligibility to receive the identification card.

(a) If the veteran is found to be eligible, the Department will proceed to issue the card.

(b) If the veteran is found to be ineligible, the Department will notify the veteran by letter as to the reason for the Department’s finding.

(6) When a veteran has been found to be eligible to have an identification card issued, the Department shall send the card to the veteran with instructions as to the following action required of the veteran to complete the issuance of the card.

(a) The veteran must sign the identification card on the signature line indicated.

(b) The veteran must secure a 1 inch by 1 inch current photograph of the veteran applying for the card.

(c) The veteran must return the signed card, and the photograph to the Department at the address set forth at paragraph (1)(a), herein. The Department will then complete and authenticate the card and return it to the veteran.

(7) Each card issued shall be serially numbered and shall prominently display the statement that use of the card by any person other than the veteran to whom the card is issued is unlawful.

(8) If, due to a change in circumstances, it becomes necessary to issue a replacement card, the veteran shall return the card to the Department with an explanation of the changed information. The Department will issue a corrected card.

(9) Should the card be lost or destroyed, the veteran may apply for a replacement card by following the application procedure set forth herein.

History

Rulemaking Authority 295.17(1)(b) FS. Law Implemented 295.17 FS. History–New 7-2-90, Amended 12-24-97, 6-10-08.

Fla. Admin. Code R. 55A-1.004 Unlawful Display or Use

History

Rulemaking Authority 295.17(1)(b) FS. Law Implemented 295.17(2), (3) FS. History–New 7-2-90, Amended 12-24-97, Repealed 6-10-08.

Chapter 55A-3 COUNTY AND CITY VETERAN SERVICE OFFICERS

Fla. Admin. Code R. 55A-3.001 Purpose

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.11 FS. History–New 8-14-79, Formerly 9H-3.01, 22S-3.01, 22S-3.001, Amended 10-4-89, Repealed 11-29-15.

Fla. Admin. Code R. 55A-3.002 Application

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.11 FS. History–New 8-14-79, Formerly 9H-3.02, 22S-3.02, 22S-3.002, Amended 10-4-89, Repealed 11-29-15.

Fla. Admin. Code R. 55A-3.003 Temporary Status

An applicant for the position of either city or county Veteran Service Officer may be employed temporarily; however, until the applicant has successfully completed the Department’s Training Course and has been certified by the Department, the applicant shall not assume any of the duties and responsibilities as a Veteran Service Officer.

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.11 FS. History–New 8-14-79, Formerly 9H-3.03, 22S-3.03, 22S-3.003, Amended 10-4-89.

Fla. Admin. Code R. 55A-3.004 Veteran Service Officer Qualifications

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.11 FS. History–New 8-14-79, Formerly 9H-3.04, 22S-3.04, 22S-3.004, Amended 10-4-89, Repealed 11-29-15.

Fla. Admin. Code R. 55A-3.005 County and City Veteran Service Officer Training Courses

(1) In order to be certified by the Department, an applicant for the position of either a county or city Veteran Service Officer must successfully complete the Department’s Training Course.

(2) The Department shall hold at least one such Training Course each calendar quarter unless there are no applicants. The Department may hold more than one Training Course in any quarter when there is sufficient demand.

(3) The Training Course will be held at the Department offices at 9500 Bay Pines Blvd., St. Petersburg, Florida 33708, or at a nearby location to be announced when training is advertised. Applicants will be notified in advance as to the schedule for the course.

(4) The course shall be designed to acquaint the applicant with the various benefits and compensation available to eligible veterans and dependents; the eligibility standards; and the procedures to be followed in assisting veterans or dependents in applying for and receiving such benefits and compensation.

(5) Each applicant will be required to demonstrate mastery of the subjects covered in the Training Course by passing a written test administered by the Department. Any applicant who fails to pass the test shall not be certified by the Department.

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.11(4) FS. History–New 8-14-79, Formerly 9H-3.05, 22S-3.05, 22S-3.005, Amended 10-4-89, 6-10-08, 8-17-22.

Fla. Admin. Code R. 55A-3.006 Continuing Certification

As a condition of remaining in employment, each county or city Veteran Service Officer shall attend the Department’s periodic training refresher courses. The refresher courses are designed to acquaint the Veteran Service Officer with new regulations and amendments to existing regulations as well as to answer any questions which the Officer may have concerning the responsibilities of the office. Each Veteran Service Officer attending a training refresher course shall be required to pass a test demonstrating mastery of the subject covered during the refresher training session.

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.11 FS. History–New 8-14-79, Formerly 9H-3.06, 22S-3.06, 22S-3.006, Amended 10-4-89, 9-30-10.

Fla. Admin. Code R. 55A-3.007 Failure to Attend Training Refresher Course

Failure of a county or city Veteran Service Officer to attend any required training refresher course shall subject that Officer to revocation of certification. A county or city Veteran Service Officer who fails to attend a required training refresher course shall be required to demonstrate proficiency in the matters covered in that refresher course as a condition of continued certification.

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.11 FS. History–New 8-14-79, Formerly 9H-3.07, 22S-3.07, 22S-3.007, Amended 10-4-89, 9-30-10.

Fla. Admin. Code R. 55A-3.008 Form of Certification

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.11 FS. History–New 8-14-79, Formerly 9H-3.08, 22S-3.08, 22S-3.008, Amended 10-4-89, Repealed 11-29-15.

Fla. Admin. Code R. 55A-3.009 Accreditation to United States Department of Veterans’ Affairs

(1) A county or city Veteran Service Officer who has successfully completed all training required under the policy of the Florida Department of Veterans’ Affairs (F.D.V.A.) shall be recommended to the Office of the General Counsel of the United States Department of Veterans’ Affairs to be recognized as a representative of the F.D.V.A., as provided at Title 38, Chapter 59, United States Code.

(2) A county or city Veteran Service Officer who has been so recognized shall represent the Department in strict conformance with the policy of the F.D.V.A.

(3) Use of such recognition as an accredited representative by a county or city Veteran Service Officer in a manner inconsistent with the policy of the F.D.V.A. shall result in the withdrawal by the F.D.V.A. of recognition as an accredited representative to the United States Department of Veterans’ Affairs.

History

Rulemaking Authority 292.05(3) FS. Law Implemented 292.11 FS. History–New 10-4-89.

Chapter 55A-5 STANDARDS FOR STATE APPROVAL

Fla. Admin. Code R. 55A-5.001 Purpose

History

Rulemaking Authority 292.05(3) FS. Law Implemented 295.124 FS. History–New 9-2-79, Formerly 9H-5.01, 22S-5.01, 22S-5.001, Amended 10-30-89, Repealed 11-29-15.

Fla. Admin. Code R. 55A-5.002 Definitions

History

Rulemaking Authority 292.05(3) FS. Law Implemented 295.124 FS. History–New 9-2-79, Formerly 9H-5.02, 22S-5.02, 22S-5.002, Amended 10-30-89, 12-5-95, Repealed 2-12-18.

Fla. Admin. Code R. 55A-5.003 Adoption of Federal Standards

History

Rulemaking Authority 292.05(3) FS. Law Implemented 295.124 FS. History–New 9-2-79, Formerly 9H-5.03, 22S-5.03, 22S-5.003, Amended 10-30-89, Repealed 2-12-18.

Fla. Admin. Code R. 55A-5.004 State Approval of Educational Courses

History

Rulemaking Authority 292.05(3) FS. Law Implemented 295.124 FS. History–New 9-2-79, Amended 5-27-80, Formerly 9H-5.04, 22S-5.04, 22S-5.004, Amended 10-30-89, 12-5-95, 6-10-08, Repealed 2-12-18.

Fla. Admin. Code R. 55A-5.008 Supervisory Inspection Review

History

Rulemaking Authority 292.05(3) FS. Law Implemented 295.124 FS. History–New 9-2-79, Formerly 9H-5.08, 22S-5.08, 22S-5.008, Amended 10-30-89, 12-5-95, 9-30-10, Repealed 2-12-18.

Chapter 55A-7 VETERANS' PREFERENCE IN APPOINTMENT AND RETENTION IN EMPLOYMENT

Fla. Admin. Code R. 55A-7.001 Purpose

History

Rulemaking Authority 295.085(2) FS. Law Implemented 295.085(2) FS. History–New 3-30-88, Formerly 22VP-1.001, Repealed 11-29-15.

Fla. Admin. Code R. 55A-7.002 Statement of Legislative Intent

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.065 FS. History–New 3-30-88, Formerly 22VP-1.002, Amended 6-11-08, Repealed 11-29-15.

Fla. Admin. Code R. 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

(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.

History

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

Fla. Admin. Code R. 55A-7.004 Covered Employers

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.07(1), 295.07(4) FS. History–New 3-30-88, Formerly 22VP-1.004, Amended 2-12-90, 6-11-08, Repealed 11-29-15.

Fla. Admin. Code R. 55A-7.005 Covered Positions

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.07(1), 295.07(4) FS. History–New 3-30-88, Formerly 22VP-1.005, Amended 2-12-90, 6-11-08, Repealed 11-29-15.

Fla. Admin. Code R. 55A-7.007 General Eligibility for Appointment and Retention Preference, and Educational Waivers

Rule Chapter 55A-7, F.A.C., sets forth procedures for providing preference and priority in the employment selection and retention practices of agencies of the State and its political subdivisions as defined in Section 1.01(8), F.S., providing that the state and its political subdivisions may waive a postsecondary educational requirement for reservists or veterans employed under the state’s Career Service System under Section 110.205(1), F.S., unless serving in an exempt position under Section 110.205(2), F.S., applying such rules to those certain servicemembers, veterans, spouses and family members of servicemembers and veterans specified in Section 295.07(1), F.S., who:

(1) Have not been classified by any branch of the Armed Forces of the United States as a deserter, or

(2) Have not received a discharge under less than honorable conditions upon separation from the Armed Forces.

(3) Have not been designated as exempt pursuant to Section 295.07(5), F.S.

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.065, 295.07(4), 295.07(5), 295.123 FS. History–New 3-30-88, Formerly 22VP-1.007, Amended 12-27-98, 6-27-16, 8-17-22.

Fla. Admin. Code R. 55A-7.008 Persons Eligible for Appointment and Retention Preference, and Educational Waivers

The following persons shall be eligible to receive preference in appointment and retention in employment, and the possibility of the waiver of a postsecondary educational requirement, pursuant to Section 295.07, F.S.:

(1) Disabled veterans who have served on active duty in any branch of the United States Armed Forces and who:

(a) Have a presently existing service-connected disability which is compensable under public laws administered by the DVA, or

(b) Are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the DVA and the Department of Defense.

(2) The spouse of any person:

(a) Who has a total and permanent service-connected disability and who, because of this disability, cannot qualify for employment, or

(b) Who is 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.

(3) A wartime veteran as defined in Section 1.01(14), F.S., who has served in active duty during a specified wartime period for 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; however, active duty for training is not allowed for eligibility.

(4) The unremarried widow or widower of a veteran who died of a service-connected disability.

(5) 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.

(6) A veteran as defined in Section 1.01(14), F.S., who has served in active duty as specified; however, active duty for training is not allowed for eligibility.

(7) A current member of any reserve component of the United States Armed Forces or the Florida National Guard.

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.07(1), (3) FS. History–New 3-30-88, Formerly 22VP-1.008, Amended 2-12-90, 6-21-92, 6-11-08, 6-27-16, 8-17-22.

Fla. Admin. Code R. 55A-7.009 Announcements, Applications and Due Process

(1) The employer, whether the state or a political subdivision, shall give notice in all written announcements and audio and video advertisements of employment opportunities subject to preference under Section 295.07, F.S., that preference in appointment will be given to preference-eligible applicants, and shall indicate whether such position is deemed eligible for a waiver of postsecondary educational requirements.

(2) The employer shall inform preference-eligible applicants at the time of application of the right to an investigation by the Department if a non-preference eligible applicant is appointed to a position, the time limits for requesting such investigation, and the address to which the request for an investigation should be sent.

(3) Any employment application forms for positions that are subject to Veterans’ Preference under Section 295.07, F.S., shall ask whether the applicant is claiming Veterans’ Preference, and shall state that required documentation must accompany application or be submitted prior to the application deadline date and time.

(4) The employer shall ensure that records are maintained which document the manner of the selection and the propriety of the selection process and decision in accordance with federal and state laws.

(5) In the event that a preference-eligible applicant is not selected for a position, the employer shall notify the applicant within 14 business days of the hiring decision, which time clock begins to run when the employer secures a commitment from the selected applicant for a date certain to start work.

(6) The employer is required to document and justify the decision to hire a non-preference eligible applicant over the preference-eligible applicant because the decision may be challenged by the preference-eligible applicant and subjected to review by the Department of Veterans’ Affairs pursuant to Section 295.11, F.S., resulting in investigative findings as to the merits which will be sent to the complaining applicant and the employer. If an applicant pursues an administrative determination in accordance with Section 120.569 or 120.57, F.S., the Department’s opinion may be sent to the Public Employees Relations Commission.

(7) Jurisdiction to effectuate the purposes of Sections 295.07-295.09, F.S., shall vest with the Public Employees Relations Commission for an administrative determination which may include hearing, dismissal without hearing, and entering orders as it deems appropriate under the powers and duties authorized by Sections 295.11 and 447.207(9)(c), F.S. Its decision shall be final agency action, which shall be reviewable pursuant to Section 447.504, F.S., in the district courts of appeal pursuant to Section 120.68, F.S.

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.065, 295.11 FS. History–New 3-30-88, Formerly 22VP-1.009, Amended 2-12-90, 7-12-93, 6-11-08, 6-27-16, 8-17-22.

Fla. Admin. Code R. 55A-7.010 Employment Preference When Using a Numerically Based Selection Process

(1) The names of persons, unless exempt under Section 295.07(5), F.S., who receive a qualifying examination score for a position, are also eligible to receive an Augmented Rating as defined in subsection 55A-7.003(3), F.A.C. Veterans’ Preference points shall be added to the final examination score as defined in subsection 55A-7.003(9), F.A.C., in order to increase an applicant’s final score, and the names of preference-eligible persons shall be added to an appropriate register in order of the augmented score which is sum of examination score and applicable augmentation points unless subject to paragraph (2)(c), of this rule.

(2) 20 augmentation points shall be added for:

(a) Those disabled veterans:

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 DVA, or
Who are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the DVA or 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.

(c) Except for classes of positions with Federal Government designations of professional or technician, all persons eligible for a 20-point preference whose service-connected disabilities have been rated at 30% or more, and meeting minimum qualifications established for the position, shall be placed at the top of the appropriate register or employment list in accordance with his or her respective augmentation points, and shall be granted an interview in all cases.

(3) 15 augmentation points shall be added for:

(a) 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.

(b) The unremarried widow or widower of a veteran who died of a service-connected disability.

(c) 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 United States Department of Defense.

(4) 10 augmentation points shall be added for:

(a) A veteran as defined in Section 1.01(14), F.S., not including wartime veterans who are eligible for 15 points of augmentation under subsection (3), in this rule.

(b) A current member of any reserve component of the United States Armed Forces or the Florida National Guard.

(5) Augmentation points are to be added to a qualified candidate’s examination score of 100 as follows: 20 points for paragraph (2)(a) or (b), in this rule; 15 points for paragraph (3)(a), (b), or (c), in this rule; 10 points for paragraph (4)(a) or (b), in this rule. However, where the highest possible examination score is more or less than 100, an alternative procedure makes it permissible to apply percentages to calculate additions to points instead, as follows: 20 percent for persons described in paragraph (2)(a) or (b), of this rule; 15 percent for persons described in paragraph (3)(a), (b), or (c), of this rule; and 10 percent for persons described in paragraph (4)(a) or (b), of this rule. If the total possible score is exactly 100, augment directly with 10, 15, or 20 points; if the total possible points are less than or more than 100 points, use percentages to calculate points for addition to examination score.

(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.

(7) If a position is advertised as a “Veteran-only position,” points shall be applied based upon “Augmented Rating” as defined in subsection 55A-7.003(3), F.A.C., and interviews will be based on the applicant’s total numerical score regardless of augmentation category.

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.08 FS. History–New 3-30-88, Formerly 22VP-1.010, Amended 2-12-90, 7-12-93, 12-27-98, 6-11-08, 6-27-16, 7-21-19, 8-17-22.

Fla. Admin. Code 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:

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
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.

(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.

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.085 FS. History–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.

Fla. Admin. Code R. 55A-7.0111 Reinstatement or Reemployment; Promotion Preference

(1) When an employee leaves employment of the state or its political subdivisions for the purpose of serving in the Armed Forces of the United States, Reserve Component of the United States Armed Forces or The Florida National Guard, and is separated therefrom with an honorable discharge, the state or its political subdivision shall reinstate or reemploy such person under the following conditions:

(a) Reinstatement or reemployment is made to the same position as the position held before such service in the armed forces or to an equivalent position.

(b) Reinstatement or reemployment is made within (one) 1 year of the date of separation from the military service, or, in the case of extended active duty for a required military purpose other than for receiving training, within (one) 1 year of the date of discharge or separation subsequent to the extension.

(2) Persons reinstated or reemployed under this rule shall be awarded preference in promotion, and shall be promoted ahead of all other employees who are equally or less qualified for the position, if their service was full-time/active duty status for at least 90 consecutive days, or less, if discharged early while serving in a combat zone or due to medical reasons. When a numerically based selection process is used, such persons shall be eligible for and receive an award of preference points and ranking on the register as provided by Rule 55A-7.010, F.A.C., of this chapter, and the state and its political subdivisions may also waive a postsecondary educational requirement in accordance with Rule 55A-7.007, F.A.C., and promote the reservist or veteran 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. When a numerically based selection process is not used, Rule 55A-7.011, F.A.C., applies. Eligibility for preference in promotion shall apply only to a veteran’s first promotion after reinstatement or reemployment, without exception.

(3) If the reinstated or reemployed person is not promoted, the person retains promotion preference eligibility until the first promotion following reemployment is satisfied.

(4) Where the reinstated or reemployed person is not promoted and the register is vacated to establish a new register for the next promotion, such person shall retain eligibility for preference points and ranking on the new register as provided by Rule 55A-7.010, F.A.C.

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.08, 295.085, 295.09 FS. History–New 3-30-88, Formerly 22VP-1.0111, Amended 6-11-08, 6-27-16, 7-21-19, 8-17-22.

Fla. Admin. Code R. 55A-7.012 Procedures for Commencement and Expiration of Preference

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.101 FS. History–New 3-30-88, Formerly 22VP-1.012, Amended 12-27-98, Repealed 6-11-08.

Fla. Admin. Code R. 55A-7.013 Documentation of Preference Claim

(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.

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.065, 295.07, 295.11 FS. History–New 3-30-88, Formerly 22VP-1.013, Amended 2-12-90, 7-12-93, 12-27-98, 6-11-08, 6-27-16, 7-21-19, 8-17-22.

Fla. Admin. Code R. 55A-7.014 Notice and Documentation by Employer

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.11 FS. History–New 3-30-88, Formerly 22VP-1.014, Amended 12-27-98, Repealed 6-11-08.

Fla. Admin. Code R. 55A-7.015 Preference in Retention

(1) An employer shall provide no less than 60 days notice to affected employees prior to beginning implementation of a workforce reduction or layoff plan. This notice shall describe the different categories of preference-eligibility, shall provide employees a minimum of 30 days to provide documentation of eligibility, and designate an appropriate point of contact within organization for employees to submit this documentation.

(2) In positions where workforce reduction plans or layoffs are necessitated, employers shall credit the amount of time the preference-eligible employee served on active duty in the U.S. Armed Forces as years of service with the employer for the purposes of determining seniority. Service shall be credited on a year-for-year and month-for month basis.

(3) A numerically-based process may be used for retention, pursuant to Section 295.08, F.S.

(4) If a numerically-based process is not used, the employer shall give preference and priority to the retention of preference-eligible employees in the following manner:

(a) Employees who are not eligible for preference shall be considered first for layoff, before preference-eligible employees.

(b) If there are no other non-preference employees, then preference-eligible employees can be considered for layoff.

(c) In the event that two equally-qualified preference-eligible employees are considered for layoff, retention shall be awarded first to disabled veterans under Section 295.07(1)(a), F.S., or spouses under Section 295.07(1)(b), F.S.

(5) Preference-eligible employees who have previously provided proof of eligibility to the employer, and have this documentation as part of their personnel file, are not required to resubmit proof of eligibility for retention.

(6) Each employer shall ensure that records are maintained which document the retention process and justification for its final decision.

(7) In the event that a preference-eligible employee is not selected for retention, the employer shall notify the applicant within 7 days of the retention decision.

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.07, 295.08, 295.085 FS. History–New 3-30-88, Formerly 22VP-1.015, Amended 7-12-93, 6-11-08, 6-27-16.

Fla. Admin. Code R. 55A-7.016 Enforcement of Preference

(1) Employers are required to document the basis for hiring decisions by maintaining a file that includes documentation of advertised positions, dates advertised, waiver of educational requirements advertised, applications received, candidates interviewed, evaluation criteria and methods used such as numerical scoring or other means of evaluating applicants, documentation of manager, team or committee process and interview notes, waiver of educational requirements requested or granted, employment offer and acceptance letters, employment pre-screening results, agreed upon start date for person hired, and any other relevant information for the appropriate records retention period.

(2) When a preference-eligible applicant receives notice of a hiring decision from an employer, and believes that he or she was not afforded employment preference in accordance with applicable Florida law and regulation, he or she may file a written complaint requesting an investigation to the Florida Department of Veterans’ Affairs, Veterans’ Preference Coordinator, 11351 Ulmerton Road, Suite 311, Largo, FL 33778.

(3) In the event of any investigation conducted pursuant to Section 295.11, F.S., in response to the individual preference-eligible applicant’s or employee’s complaint, the Department of Veterans’ Affairs shall require the agency or political subdivision to demonstrate how its employment selection or retention process gave due consideration to Veterans’ Preference and the particular preference-eligible person at each step of the process.

(4) Such complaint shall be filed within 60 calendar days from the date that the notice is received by the preference-eligible applicant pursuant to Sections 120.569 and 120.57, F.S. The time periods specified in this rule may extend the time periods set forth in Chapter 120, F.S., in order to benefit preference-eligible persons and to accommodate the challenges of obtaining federal government records. The day of receipt will be presumed to be the date on the employer’s letter plus 5 calendar days for mail unless the applicant provides proof that the applicant received the notice earlier.

(5) Prior to filing a complaint, it is the responsibility of the preference-eligible applicant to contact the designated Human Resources or other contact person at least one time after 45 days have passed from the final date for submitting an application or the interview date, whichever is later in time, if the applicant has not received notice of a hiring decision.

(6) Within 10 calendar days of receiving the complaint, the Department shall send a written acknowledgment of receipt to the complainant and the employer, advising that the complaint will be investigated and a copy of the findings furnished to the complainant thereafter.

(7) Within 20 calendar days of receiving the complaint, the Department shall designate a Department representative who will be responsible for conducting the investigation and requesting information from the employer within 10 days of assignment.

(8) Within 30 calendar days of the Department initiating a request for documentation, the employer or hiring authority shall furnish the following information:

(a) The documentation regarding the position and any materials concerning the hiring decision including advertisement of the position, applications of qualified applicants who were considered for the position, interview notes, offers of employment, and acceptance letters, any other relevant documentation.

(b) A plain statement justifying the hiring decision.

(c) If applicable, a statement as to whether the essential job functions can or cannot be performed by the preference-eligible applicant. If a statement is provided advising the essential job functions cannot be performed by the preference-eligible applicant, then the hiring entity must also provide information as to the type of employment accommodation which was considered and/or discussed with the applicant.

(9) After investigation and review of the complaint and documentation provided by the complainant and employer, the Department may issue its opinion by certified mail, return receipt requested, and shall provide copies to the complainant and to the employer. The opinion shall include the following:

(a) The name of the individual supplying the information from the employer.

(b) The nature of the information supplied.

(d) Whether the position was subject to employment preference under Chapter 295, F.S.

(e) The nature of the preference claimed.

(f) The criteria applied for the case such as a description of numerical or non-numerical evaluation criteria.

(g) A statement as to whether preference was properly afforded to the applicant.

(h) An opinion, based on information considered during the investigation, as to whether the complaint has merit or lacks merit.

(10) If the complaint is found to lack merit, the Department shall also notify the complainant, advising that the complainant may petition the Public Employees Relations Commission for a hearing, within 20 calendar days from the date of receipt of the findings, and the address to which the petition should be sent.

(11) If the complaint is found to have merit, at the time of issuing its opinion to the complainant and employer, the Department shall solicit from the employer a statement as to the action the employer proposes to take to resolve the complaint. The employer shall send a written statement of the proposed action to the complainant by certified mail, return receipt requested, within 30 calendar days of the date the Department’s findings are issued, and the employer shall furnish a copy to the Department. The complainant, if not satisfied with the proposed action, shall notify the Department in writing within 15 calendar days. The Department shall notify the complainant within 10 calendar days of receipt of the complainant’s notice, by certified mail, return receipt requested, of the right to petition the Public Employees Relations Commission for a hearing within 45 calendar days from the receipt of such letter, and the address to which the petition shall be sent.

(12) If the complaint is found to have merit and the employer fails to send a written statement of the proposed action to the complainant within 30 calendar days of the date the Department’s findings are issued to the complainant and employer, the complainant shall, within 15 calendar days, advise the Department of the employer’s failure to effect a resolution satisfactory to the complainant. The Department shall notify the complainant within 10 calendar days of receipt of the complainant’s notice, by certified mail, return receipt requested, of the right to petition the Public Employees Relations Commission for a hearing within 45 calendar days from receipt of such letter, and the address to which the petition should be sent.

(13) The administrative determination by the Public Employees Relations Commission shall be conducted in accordance with Sections 447.201-447.609, F.S. Upon obtaining jurisdiction, the Public Employees Relations Commission may hear and determine penalties for violation of preference statutes and rules, and order remedies pursuant to Section 295.14, F.S., including but not limited to compensation for lost wages, reasonable attorney fees and costs.

(14) Under Section 447.207(10), F.S., the decision concerning a Veterans’ Preference complaint made by the Public Employees Relations Commission is final agency action and pursuant to Section 447.207(11), F.S., may be reviewed by the district courts of appeal under Section 447.504, F.S., in accordance with the requirements of Section 120.68, F.S.

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.11, 295.14 FS. History–New 3-30-88, Formerly 22VP-1.016, Amended 2-12-90, 7-12-93, 12-27-98, 6-11-08, 6-27-16, 8-17-22.

Fla. Admin. Code R. 55A-7.017 Administrative Review

History

Rulemaking Authority 295.07(2) FS. Law Implemented 295.11 FS. History–New 3-30-88, Formerly 22VP-1.017, Amended 2-12-90, 7-12-93, 12-27-98, Repealed 11-29-15.