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Florida Commission on Ethics clears Rep. Fabrizio to represent client before Board of Bar Examiners
Summary
The Florida Commission on Ethics adopted advisory opinion file 2825, concluding that under the specific facts provided Representative Fabrizio may represent a client before the Florida Board of Bar Examiners; staff applied section 112.316 to avoid a mechanical application of Article II, Section 8(e). Vote: motion passed by roll call.
The Florida Commission on Ethics on Dec. 18 adopted advisory opinion file 2825, concluding that Representative Fabrizio may represent a client before the Florida Board of Bar Examiners under the facts presented.
Staff attorney Amelia Naomi told the commission the Board of Bar Examiners qualifies as a state agency under section 112.312 of the Florida Statutes but does not operate as a judicial tribunal for all of its functions when measured against the predominant‑characteristics test articulated in Myers v. Hawkins. Naomi said the board’s principal funding comes from applicant fees and the legislature exercises no budgetary control over the board, and she recommended applying section 112.316 to avoid an outcome that would not advance the prohibition’s public‑trust purpose. "Article II, Section 8(e), Florida Constitution will not prohibit Representative Fabrizio from representing his client before the Florida Board of Bar Examiners," Naomi told commissioners.
Representative Fabrizio told the commission he agreed with the staff analysis and thanked staff for its work. After limited discussion the chair called for a motion to adopt the draft opinion; the commission conducted a roll‑call vote and the chair announced the motion passed.
The opinion is legally binding on the conduct at issue to the extent stated in the draft and is based on the facts supplied by the requester. The commission and staff cited Myers v. Hawkins, Article II, Section 8(e) of the Florida Constitution, Article V (authority of the Supreme Court over bar admissions), section 112.312 (agency definition), and section 112.316 as the controlling authorities referenced during the presentation.
The commission did not take additional rulemaking or other action on the topic at the meeting.
The commission meeting was streamed live and is recorded in the commission’s public materials; the adopted draft opinion will be reflected in the commission’s issued advisory opinions docket.
