Barker v. State, Commission on Ethics

This case is before us following the Florida Supreme Court’s remand in Commission on Ethics v. Barker, 677 So.2d 254 (Fla.1996). In this court’s earlier decision in Barker v. Florida Commission on Ethics, 654 So.2d 646 (Fla. 3d DCA 1995), we held section 112.313(4) to be unconstitutionally vague, and reversed an order issued by the Commission on Ethics finding city commissioner James Barker had violated this section by accepting complementary country club memberships. See D’Alemberte v. Anderson, 349 So.2d 164 (Fla.1977).

The Florida Supreme Court upheld the constitutionality of the statute.…