STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROBERT T. SHARKEY, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1652S

)

DIVISION OF LICENSING, )

)

Respondent. )

)

RECOMMENDED ORDER

This case was heard on October 11, 1978, in the Third Floor Conference Room at 780 Southwest 24th Street, Fort Lauderdale, Florida, by the assigned Hearing Officer.

ISSUE PRESENTED

Whether the Petitioner's application for a private employment agency license should be denied on the grounds stated by the Department in its letter dated August 7, 1978.

The Department of State presented evidence that the applicant had been guilty of a crime against laws of the State of Florida; to wit, procuring for prostitution and conspiracy to commit prostitution. The applicant presented evidence that he had not operated an employment agency without benefit of a state license.

The issue presented is whether conviction of conspiracy to commit prostitution and procuring for prostitution constitutes a crime of moral turpitude such that the license applied for should be denied.

APPEARANCES

For Petitioner: John A. Friedman, Esquire

727 Northeast 3rd Avenue Ft. Lauderdale, Florida

For Respondent: Gerald Curington, Esquire

The Capitol, Plaza Level Tallahassee, Florida

FINDINGS OF FACT

1. The Petitioner-Applicant, Robert T. Sharkey, testified in his own behalf and identified his application for licensure, Exhibit 1, and a notice of violation issued by Robert P. Murphy, Exhibit 3.

   
   

2. Sharkey explained that he had been arrested and convicted for the crimes of procuring for prostitution and conspiracy to commit prostitution, a

   crime which he characterized as a misdemeanor of the the second degree for which the court sentenced him to a two-year probation. Sharkey has successfully completed all the terms of that probation period.

   
   

3. Sharkey testified that before January, 1978, his exwife had operated a licensed modeling agency under a license issued to his former wife; that he had been a photographer who worked with his wife in this modeling agency but who took no active part in management of the modeling agency. Sharkey further testified that after 1978, that he had operated a service business in which he was employed by persons seeking part-time help and he in turn employed individuals to provide the services to the individual who had employed him. Under these arrangements, he was paid by his principle and he in turn paid his employee taking out his profit, social security and federal withholding tax for the employee. Sharkey testified that his business was inspected by Robert P. Murphey on April 7, 1978 and he was issued a notice of violation of Section 449.021, Florida Statutes, which was received as Exhibit 3.

   
   

4. The nature of Sharkey's business is to provide services to his principles through his employees. He provides secretarial, modeling, and other services. In addition, he operates a commercial photography business, which provides still and motion picture photography to various businesses in South Florida.

   
   

5. Sharkey held a real estate broker's license and at the time of his conviction mentioned above was a real estate broker. As a result of his conviction, his license as a real estate broker was suspended for a period of one year and should be reissued on or about October 12, 1978.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Applicant, Robert T. Sharkey, has applied for license as a private employment agency, more specifically a theatrical employment agency. The Department has denied the application on the basis that the Applicant has violated the provisions of Section 449.02(1)(b) and (c) Florida Statutes, which disqualifies him from licensure per Section 449.15, F.S.

   
   

7. The basis for the allegation that the Applicant had violated Section 449.02(1)(b) was the notice of violation issued by Robert P. Murphey on April 7, 1978. There is no evidence to substantiate the allegations that the Applicant was operating a modeling agency without proper license. In fact, the evidence is to the contrary that the Applicant was operating an entirely different type of business which is not required to be licensed under the provisions of Section 449, Florida Statutes.

   
   

8. The basis for the allegation that the Applicant had violated the provisions of Section 449.02(1)(c), Florida Statutes, was his arrest and conviction for conspiracy to commit prostitution and procuring for prostitution. The Applicant admitted that he had been arrested and convicted of these crimes. These are crimes of moral turpitude.

   
   

9. Although the Applicant has successfully completed his probation, there is little additional evidence to substantiate his rehabilitation and his good moral character at this time. Particularly, because of the nature of the license and its potential for abuse as it relates to the crimes for which the Applicant was arrested and convicted, an increased burden rests upon the Applicant to establish his good moral character at this time.

RECOMMENDATION

Based upon the foregoing findings of fact and conclusions of law, the Hearing Officer recommends that the application of Robert T. Sharkey for a private employment agency license (theatrical) be DENIED.

DONE and ORDERED this 17th day of October, 1978, Tallahassee, Florida.

STEPHEN F. DEAN

Hearing Officer

Division of Administrative Hearings

530 Carlton Building Tallahassee, Florida 32304 (904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 17th day of October, 1978.

COPIES FURNISHED:

John A. Friedman, Esquire 727 Northeast 3rd Avenue

Fort Lauderdale, Florida 33304

Gerald Curington, Esquire Secretary of State's Office The Capitol

Tallahassee, Florida 32304

Docket for Case No: 78-001652

Orders for Case No: 78-001652