Fort Walton Beach Council agenda — 08-08-2006 ‎(workshop)‎ — reading text

subcontractor or business entity that enters into an any service or labor or provide a certain product in agreement to performi"~' exchange for valuable consideration, including subcontractors and employers as defined herein. Employee. Any person, contractor, subcontractor or business entity hired, retained or engaged to conduct any business, perform any work or provide or perform services or labor. Employer. Any person, contractor, subcontractor or business entity that hires people to conduct any business, perform any work or provide or perform services or labor within the City limits of the City of Palm Bay, including contractors and subcontractors as defined herein. Federal work authorization program. Any of the electronic verification of work authorization programs operated by the United States Department of Homeland City of Palm Bay, Florida Ordinance No. 2006- Page 4 of 9 Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly- hired employees pursuant to the Immigration Reform and Control Act of 1986 ( IRCA), L.L. 99-603 hereinafter " FWAP"). Illegal alien. A person who is not entitled to lawful residence in the United States of America and under the United States Immigration laws and who is not otherwise permitted to work in the United States by virtue of any federal or state law, rule or regulation, including an unlawful alien, an unauthorized alien worker or a person who does not meet the employment eligibility requirements of any federal or state law, rule or regulation. Law Enforcement Officer. A Palm Bay Police Officer who is authorized under the laws of the State of Florida to make arrests. Subcontractor. A person or business enJity that enters into a contractual agreement with another contractor to perform ~" Yp~[ t.of any contracted work, this definition shall include but not be limited to anpther subcontractor, employer, contract employee or staffing agency, or any other "type of corifractor regardless of its tier, c, , fC' including contractor as defined herein. . Unauthorized Alien Worker. Witti/' 9rto Q~, employment at a particular time, an alien who is not at that time:~ itt1er ( a~,;a re;,~ n a1ien lawfully admitted for permanent residence, or ( b) authorized to b~' so ernploy~d by the Immigration and Nationality Act or by the United States Secretary ofJ~ Jr{ i() etanct;Security. Work. Any and al'(repairs:i" I~ bor, personal services or any other activity for which compensation is derived 6r',pue, in,Fluding, but not limited to, providing certain products as well all activities as id~d by contractors, business entities, pro'(, employers and subcontractors and any agreerrients or arrangements to perform work. SECTION 3. Prohibition. A. It is unlawful for any employer to hire, employ, allow, direct, dispatch, or instruct an illegal or unauthorized alien worker, who does not meet the employment eligibility requirements of the Immigration and Nationality Act or the United States Secretary of Homeland Security, to perform work in whole or in part with the City of Palm Bay. City of Palm Bay, Florida Ordinance No. 2006- Page 5 of 9 B. It is unlawful for any employer to enter into an agreement with any person, employer, subcontractor or business entity that utilizes illegal aliens or unauthorized alien workers to perform work, in whole or in part, within the City of Palm Bay.. C. No employer, person, contractor, subcontractor or business entity shall employ, hire or engage any persons, contractors, employees or subcontractors within the City limits of the City of Palm Bay who are illegal aliens or who are unauthorized alien workers. D. No employer shall employ any person/ s unless the employer registers and participates in the FWAP or any other federal or state. law , or mechanism to determine that such employee/ s is not an illegal alien or,,~ hautDprized'~alien worker. L-~ E. Every contract for work for WQ! k.,t,~ be':p~ rformed within the City of Palm Bay shall contain the prohibitions in ~ uQsecttQnsA:'; B, C, and D, and employers, and J," -- l- ' i~:~ i i.: --"",' contractors, subcontractors ancL business: entities shall notify each other of the provisions of this ordinance. For' tpe purpose of this ordinance, employers, contractors, subcontractors and businesse21itles are hereby responsible to determine that any other employer, contractor, subcontractor, person or business entity with whom they do any business complies with the provisions of this ordinance. F. All businesses who apply for a business tax certificate or who engage in any type of work or trade that requires the issuance of a building permit by the City of Palm Bay shall sign an affidavit affirming that they will not utilize the services of or hire any illegal alien, any unauthorized alien worker or any person/ s who does not meet the employment requirements of the Immigration and Nationality Act and/ or the United  City of Palm Bay, Florida Ordinance No. 2006- Page 6 of 9 States Secretary of Homeland Security or any other federal or state law that governs and regulates the right to be employed in the United States. A copy of such affidavit may be obtained from the building department or from the person who collects the business tax. SECTION 4. Penalties. A. The City of Palm Bay shall revoke the business tax certificate issued to any contractor, subcontractor, person, employer or business entity determined to have violated any provision of this ordinance. Such revoca,tion shall remain in force for not less than ( Council must orovide a time here). B. Any contractor, subcontractor, per$~r( er;qployer: or business entity in the City r \_ < i=~> okedJ~ ursuant to clause ( a) shall also be i...... whose business tax certificate has beert,:~~~ 3i'_f_ " prohibited from performing work fOf,:ttl%c'ityi>a'h'c{ ffom bidding on City of Palm Bay work or jobs or responding to City of 'Palm..Bay.,requests for proposals for a period of not less than ( Council must orovide a time here). C. Violators of any ptO' ~ I~ ion of this ordinance shall be guilty of a second degree misdemeanor, punishable as provided in Section 775. 082( 4)( a), Florida Statutes. A second or subsequent offense shall be punishable as a first degree misdemeanor, punishable as provided in Section 775. 082 ( 4)( b), Florida Statutes. D. Any person, employer, contractor, subcontractor or business entity that has been found to be in violation of any provision' s of this ordinance shall become ineligible to obtain any City of Palm Bay permit to perform any type of work within the City of Palm Bay for a period of (Council to orovide). j(/ IIIIIItrtt." City of Palm Bay, Florida Ordinance No. 2006- Page 7 of 9 E. In addition to all penalties set forth herein, the following will apply: 1. For a first violation, the project to which the violation applies shall be red tagged" by the building department and work on the project shall be stopped for a period of (Council to Drovide) or until the violation is corrected, whichever occurs first. 2. For a second violation, the permit for the project will be suspended for a period of ( Council to Drovide). 3. For a third violation, the City may petition the appropriate court for injunctive relief. t' F. It shall be a defense to any alleged viol~ tlcnl of this ordinance if the person, employer, contractor, subcontractor or busin~ s ~,Q! ity ci:in prove a good- faith reliance I; upon fraudulent or counterfeit document~,.. pro'~id~ d by an employee that they were i',{?," ens.~';"'; authorized alien works or were not ille9al ~l,~, SECTION 5. Constructic)' n. A. The meaning c;t~ d implemantation of this ordinance shall be construed so as to be in accord with federallavy. .',... j,;.;, B. When any law enforcement officer charges a person with a felony or with driving under the influence, a reasonable effort shall be made to determine whether such person is an illegal alien. If the prisoner is determined to be an illegal alien, the law enforcement officer shall notify the appropriate federal or state authority before relinquishing custody of such person to the Brevard County Sheriff. C. Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal or state law. City of Palm Bay, Florida Ordinance No. 2006- Page 8 of 9 D. Compliance with the provisions of this ordinance is intended to supplement any state and federal laws, rules and regulations, but compliance with this ordinance shall not excuse anyone from compliance with appropriate state and federal laws, rules and regulations regarding the employment and detention of illegal aliens or unauthorized alien workers. SECTION 6. All ordinances or parts of ordinances