Got this in reply to contacts in our Activism Focus of Palm Bay. They're still alive!
Subject: Palm Bay Ordinance is Back: Help is on the way

Dear Supporter,

We have not given up on the Palm Bay ordinance that will help protect businesses from those who hire illegal workers. We are starting a petition drive to get this on the ballot and passed in Palm Bay, then we will focus on the rest of the cities in Brevard County. When we have collected enough money to print our petitions we will notify people as to where they can go to sign them. Please visit our website at www.silentmajorityofflorida.com ]for more information. We welcome your comments and suggestions. Please forward this to all contacts in Palm Bay and Brevard County.

LOCAL GROUP ANNOUNCES REFERENDUM EFFORT FOR AN UNDOCUMENTED WORKER ORDINANCE
Palm Bay, FL
September 5, 2006

The Silent Majority of Florida is a citizen initiated grassroots group that has been established to collect petitions in the City of Palm Bay for a special election to adopt the Unlawful Business Practice Ordinance.

The Unlawful Business Practices ordinance is a business regulation ordinance requiring licensees to hire only legal employees within the City of Palm Bay. The ordinance would prohibit unauthorized workers including illegal aliens.

The ordinance was originally brought before the Palm Bay City Council by request of Councilmember Andy Anderson.



The 4-1 favorable vote August 3, 2006 changed to a 2-3 loss on August 17, 2006.

Dave Isnardi, chairman of The Silent Majority of Florida, felt that the City Council was prejudiced by outside influences: “There can be no doubt the outcome was greatly influenced by the pro illegal immigration special interest groups.”



Concilmembers Andy Anderson and Ed Geier supported adoption of the ordinance.


For further information, please visit www.silentmajorityofflorida.com



- Ordinance follows -

Sybrina Anderson

(321)676-6217



AN ORDINANCE OF THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, AMENDING THE CODE OF ORDINANCES, TITLE XI, BUSINESS REGULATIONS, BY CREATING CHAPTER 112, TO BE TITLED “UNLAWFUL BUSINESS PRACTICES”, MAKING UNLAWFUL ANY BUSINESS FROM OPERATING WITHIN THE CORPORATE LIMITS OF THE CITY WHILE EMPLOYING ANY PERSON WHO DOES NOT HAVE THE LEGAL RIGHT TO WORK; PROVIDING LEGISLATIVE INTENT; PROVIDING DEFINITIONS; PROVIDING PROHIBITED ACTS; PROVIDING PENALTIES; PROVIDING FOR CONSTRUCTION; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR INCLUSION IN THE CITY OF PALM BAY CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, state and federal law require that certain conditions be met before a person can possess the legal right to work in this country which includes, but is not limited to, being of lawful age, having the lawful authority to work pursuant to state and federal immigration laws, and not having a legal impediment to a particular profession or (i.e., a felon cannot engage in the sale of firearms, a person under 21 years of age cannot engage in the sale of alcoholic beverages, etc.), and

WHEREAS, any person who is not of lawful age as set forth in Section 450.01, et seq., Florida Statutes, who does not satisfy the requirements as set forth in the state and federal immigration laws, or otherwise possesses a legal impediment to a particular profession or occupation, is considered to be a person without the legal right to work, and

WHEREAS, the use of workers who do not have the legal right to work constitutes an unfair business practice and provides for unfair competition in the marketplace, and

WHEREAS, business entities that employ persons who do not have the legal right to work most frequently pay substandard wages, require unlawful working hours, do not protect their employees with workers compensation insurance, unemployment compensation insurance, or other employment benefits, and

WHEREAS, employees who do not have required workers compensation and/or do not have unemployment compensation insurance, most often need to rely upon government-provided services in the event they are injured on-the-job, which results in the expenditure of tax money to compensate for the employers lack of coverage,
and

WHEREAS, acceptance of jobs on substandard wages and working hours by persons without the legal right to work can seriously depress wage scales and working conditions of lawful workers, and deprives lawful workers of jobs, and

WHEREAS, the state and federal government lack the resources to properly protect the citizens of the City of Palm Bay from the adverse affects of business entities employing persons without the legal right to work, and


WHEREAS, the City Council of the City of Palm Bay and residents finds that it is in the best interest of and will serve and benefit the health, safety and welfare of the public and law-abiding businesses to adopt policies and procedures to deter and prevent employment of persons without the legal right to work, and

WHEREAS, the City Council of the City of Palm Bay and residents desires to regulate business for the purposes of protecting its citizens and persons with the legal right to work, as the public will benefit thereby.


NOW, THEREFORE, BE IT ENACTED BY THE CITY OF PALM BAY, BREVARD COUNTY, FLORIDA, as follows:

SECTION 1. The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part of this Ordinance.

SECTION 2. The City of Palm Bay Code of Ordinances, Title XI, Business Regulations, is hereby amended by creating Chapter 112, to be titled “Unlawful Business Practices”, Section 112.01, Legislative Intent, which shall henceforth read as follows:

SECTION 112.01 LEGISLATIVE INTENT.

It is the intent of the City Council of the City of Palm Bay and residents to protect the business interests of lawfully-operated business entities and other employers located within the Corporate limits of the City, or otherwise serving the citizens or visitors of the City, from unlawful competition by business entities that violate state or federal law by knowingly employing persons who do not possess the legal right to work, most often at substandard salaries and without providing the required protection guaranteed to employees of this state, including but not limited to, workers; compensation coverage and unemployment compensation insurance. In addition, because persons without the legal right to work are often paid under the table; appropriate employment taxes are not paid, social security contributions are not made, and federal taxes are not withheld. The employment of persons without the legal right to work constitutes a threat to the health, safety and welfare of persons unlawfully employed, as well as the public at large. The City Council and residents, therefore, intends to protect the public and the business community by enactment of the following business regulation.

SECTION 3. The City of Palm Bay Code of Ordinances, Title XI, Business Regulations, is hereby amended by creating Chapter 112, “Unlawful Business Practices”, Section 112.02, Definitions, which shall henceforth read as follows:

SECTION 112.02 DEFINITIONS. The following words, terms, and phrases, when used in this chapter shall have the meanings ascribed to them except where the context clearly indicates a different meaning.

Business Entity.
Shall mean any activity, enterprise, profession or occupation, performed or engaged in by any person or persons for gain, benefit, advantage or livelihood, and shall include all such activities or enterprises whether performed in one (1) or more establishments by one (1) or more corporate or other organizational units including departments of an establishment operated through leasing arrangements, whether for profit or not-for-profit, and shall include but not be limited to contractors, subcontractors self-employed individuals, partnerships and corporations. Business Entity includes any business that possesses a Business Tax Certificate, any business that is exempt by law from obtaining such Certificate, and any business
that is operating unlawfully without such Certificate or exemption.


Business Tax Certificate.
A certificate issued by the City of Palm Bay that indicates that the person or business entity to whom it was issued has paid the City of Palm Bay its business tax.

Contractor.
A person, employer, subcontractor or business entity that enters into an agreement to perform any service or labor or provide a certain product in 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 for compensation.

Employer.
Any business entity that hires any person 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.

Subcontractor.
A person or business entity that enters into a contractual agreement with another contractor to perform a part of any contracted work, this definition shall include but not be limited to another subcontractor, employer, contract employee or staffing agency, or any other type of contractor regardless of its tier, including contractor as defined herein.

Unlawful Worker.
Any person who does not have the legal right to work pursuant to an impediment in any provision of federal, state, or local law.

Work.
Any and all repairs, labor, personal services or any other activity for which compensation is derived or due, including, but not limited to, providing certain products as well as all activities provided by contractors, business entities, employers and subcontractors and any agreements or arrangements to perform
work.


SECTION 4. The City of Palm Bay Code of Ordinances, Title XI, Business Regulation, is hereby amended by creating Chapter 112, “Unlawful Business Practices”, Section 112.03, Prohibition, which shall henceforth read as follows:

SECTION 112.03 PROHIBITION.

(A) It is unlawful for any business entity to knowingly hire, employ, allow, direct, dispatch, or instruct any person who does not possess the legal right to work, to perform work in whole or in part within the City of Palm Bay.

(B) It is unlawful for any business entity to knowingly enter into an agreement with any person, employer, subcontractor or other business entity that utilizes any person who does not possess the legal right to work, to perform work, in whole or in part, within the City of Palm Bay.

(C) No employer, person, contractor, subcontractor or business entity shall knowingly employ, hire or engage any persons, contractors, employees or subcontractors within the city limits of the City of Palm Bay who does not possess the legal right to work.

( D) All businesses that 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, prepared by the City Attorney, affirming that they will not knowingly utilize the services of or hire any person who does not possess the legal right to work.

SECTION 5. The City of Palm Bay Code of Ordinances, Title XI, Business Regulation, is hereby amended by creating Chapter 112, “Unlawful Business Practices”, section 112.04, Penalties, which shall henceforth read as follows:

SECTION 112.04 PENALTIES.

(A) Any contractor, subcontractor, employer or business entity who violates found in violation of the provisions of this chapter shall be subject to a civil infraction and served with a civil citation in accordance with Section 52.091; Title I, Chapter 11, of the City of Palm Bay Code of Ordinances.

(B) Any contractor, subcontractor, employer or business entity who has been found in violation of this chapter, in addition to any fines or sanctions that may be imposed by the county court, shall also be prohibited from performing work for the City and/or from bidding or proposing on City of Palm Bay work or jobs and/or responding to City of Palm Bay requests for proposals for a period of two (2) years from the date of such finding.

(C) Any contractor, subcontractor, employer or business entity who has been found in violation of this chapter three (3) or more times shall, in addition to any fines or sanctions that may be imposed by the county court, be prohibited from engaging in work in the City of Palm Bay. Upon the fourth (4) finding of violation of this chapter by any contractor, subcontractor, employer or business entity, the City Attorney shall seek injunctive relief in a court of competent jurisdiction prohibiting the business entity from engaging in any work in the City of Palm Bay.

(D) It shall be a defense to any alleged violation of this chapter if the employer, contractor, subcontractor or business entity can prove a good-faith reliance upon fraudulent or counterfeit documents provided by the employee that he or she had the legal right to work.

SECTION 6. The City of Palm Bay Code of Ordinances, Title XI, Business Regulation, is hereby amended by creating Chapter 112, “Unlawful Business Practices” Section 112.05, Construction, which shall henceforth read as follows:

SECTION 112.05 CONSTRUCTION.

(A) The meaning and implementation of this chapter shall be construed so as to be in accord with state and federal law.

(B) Nothing in this chapter shall regulate any business to the extent that such regulation is prohibited or preempted by federal or state law.

(C) Compliance with the provisions of this chapter is intended to supplement any state and federal laws, rules and regulations, but compliance with this chapter shall not excuse anyone from compliance with appropriate state and federal laws, rules and regulations regarding the employment of persons lawfully entitled to work.

SECTION 7. All ordinances or parts of ordinances in conflict herewith are hereby repealed and all ordinances or parts of ordinances not in conflict herewith are hereby continued in full force and effect.

SECTION 8. It is the intention of the City Council and residents of the City of Palm Bay that the provisions of this Ordinance shall be made a part of the City of Palm Bay Code of Ordinances and the sections may be renumbered to accomplish such intention.

SECTION 9. If any portion, clause, phrase, sentence or classification of this ordinance is held or declared to be either unconstitutional, invalid, inapplicable, inoperative or void, then such declaration shall not be construed to affect other portions of the ordinance; it is hereby declared to be the express opinion of the City Council and residents of the City of Palm Bay that any such unconstitutional, invalid, inapplicable, inoperative or void portion or portions of this ordinance did not induce its passage, and that without the inclusion of any such portion or portions of this ordinance, the City Council would have enacted the valid constitutional portions thereof.

SECTION 10. The provisions within this ordinance shall take effect immediately upon the enactment date