Florida Ethics Update: Commission on Ethics Determinations—December 2025 Meeting
December 23, 2025
During its meeting on Thursday, December 18, 2025, the Florida Commission on Ethics (Commission), the constitutionally created independent agency tasked with interpreting and enforcing the State’s governmental ethics laws, took action via Zoom on two ethics advisory opinions involving the Code of Ethics for Public Officers and Employees (Florida Code of Ethics) and the “Sunshine Amendment” to the State constitution (Art. II, s. 8, Fla. Const.).
Public Session
Adoption of Ethics Opinion Advising House Member that the Constitutional In-Office Representation Ban Would Not Prohibit Him from Representing a Client Before the Florida Board of Bar Examiners
The Commission adopted a formal ethics opinion advising a current member of the Florida House of Representatives, Tom Fabricio, who is a licensed attorney in his private capacity, that the constitutional in-office representation ban would not prohibit him from representing a client before the Florida Board of Bar Examiners (FBBE)—the agency which evaluates candidates for admission to the Florida Bar and conducts investigations and hearings concerning character and fitness determinations of Florida Bar applicants.
The in-office representation ban found in Art. II, s. 8(e), Fla. Const., provides in part that “[n]o member of the legislature shall personally represent another person or entity for compensation during term of office before any state agency other than judicial tribunals.” After determining that the FBBE was an “agency” and not a “judicial tribunal” the Commission went on to apply an equitable exemption found in s. 112.316, F.S., to negate the mechanical application of the facially applicable constitutional restriction reasoning that applying the restriction would not serve the public trust in government and would serve to “needlessly prevent an employment opportunity.”
Adoption of Ethics Opinion Advising Polk County School Board Member that the Constitutional In-Office Lobbying Ban Would Prohibit her from Engaging in Lobbying Activities on Behalf of Private Employer During Term
The Commission also adopted a formal ethics opinion advising newly appointed member of the Polk County School Board, Annie “Kate” Wallace, that the constitutional in-office lobbying ban would prohibit her continued performance of lobbying duties for her private employer, Charter Communications, during her term of office. Wallace is privately employed as the Director of State Government Affairs with Charter Communications. She explained that her private responsibilities to Charter include advocacy before city and county governments.
In 2018, Florida voters passed a constitutional amendment found in Art. II, s. 8(f)(2), Fla. Const., which prohibits public officials from lobbying “any political subdivision of this state, during his or her term of office.” After being appointed by the Governor to the School Board in November Wallace sought an ethics opinion from the Commission concerning whether the ban would apply to her.
At the Dec 18th meeting the Commission applied the enabling legislation and found that Wallace was engaging in lobbying activities, for compensation in her position wherein she was “principally employed for governmental affairs” and, as such, found that the constitutional ban would prohibit her from engaging in lobbying activities during her term of office.
However, the Commission further advised that if she was able to change her job duties at Charter to shift her lobbying responsibilities to “another employee while you are a member of the Polk County School Board, then you will be in compliance with the requirement.” The Commission alternatively advised that the in-office lobbying ban would not prohibit her from accepting a new role with her employer which did not involve lobbying local governments.
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