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