STATE OF FLORIDA
COMMISSION ON ETHICS
In re JAMES BARKER, )
Respondent. ) Complaint No. 91-144
) Final Order No. COE 97-02
FINAL ORDER AND PUBLIC REPORT UPON
MANDATE OF THE DISTRICT COURT OF APPEAL
This matter came before the Commission on Ethics, meeting in public session on January 23, 1997, upon the mandate of the Third District Court of Appeal issued in James Barker v. State Commission on Ethics, Case No. 94-1962 (December 11, 1996). The Court’s opinion in that case concludes that the Hearing Officer’s findings are not supported by competent, substantial evidence, and reverses and remands to the Commission with directions that a dismissal be entered and that the Respondent be acquitted of all charges.
Pursuant to the mandate, the Commission finds that the Respondent did not violate Section 112.313(4), Florida Statutes, and hereby dismisses the complaint.
ORDERED by the State of Florida Commission on Ethics meeting in public session on January 23, 1997.
Mary Alice Phelan
Commission on Ethics
THIS ORDER CONSTITUTES FINAL AGENCY ACTION. ANY PARTY WHO IS ADVERSELY AFFECTED BY THIS ORDER HAS THE RIGHT TO SEEK JUDICIAL REVIEW UNDER SECTIONS 112.3241 AND 120.68, FLORIDA STATUTES, BY FILING A NOTICE OF ADMINISTRATIVE APPEAL PURSUANT TO RULE 9.110, FLORIDA RULES OF APPELLATE PROCEDURE, WITH THE CLERK OF THE COMMISSION ON ETHICS, BY U.S. MAIL AT P.O. DRAWER 15709, TALLAHASSEE, FLORIDA 32317-5709 (OR BY DELIVERY TO 2822 REMINGTON GREEN CIRCLE, SUITE 101, TALLAHASSEE, FLORIDA 32308); AND BY FILING A COPY OF THE NOTICE OF APPEAL ACCOMPANIED BY THE APPLICABLE FILING FEES WITH THE APPROPRIATE DISTRICT COURT OF APPEAL. THE NOTICE OF ADMINISTRATIVE APPEAL MUST BE FILED WITHIN 30 DAYS OF THE DATE THIS ORDER IS RENDERED.
Copies furnished to:
Ms. Virlindia Doss
Assistant Attorney General
Advocate for the Commission on Ethics
Office of the Attorney General
The Capitol, PL-01
Tallahassee, FL 32399-1050
Stuart R. Michelson, Esq.
Counsel for Respondent
1111 Kane Concourse
Bay Harbor Islands, FL 33154
Mr. Joseph M. Centorino, Complainant
State Attorney’s Office, 11th Judicial Circuit
1350 NW 12th Avenue, 511 S
Miami, FL 33136