BEFORE THE
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.
______________________________
Date Rendered
______________________________
Mary Alice Phelan
Chair
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
Suite 517
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