No probable cause found in Fabián Basabe ethics case tied to harassment claims

The Florida Commission on Ethics (COE) has dismissed an ethics complaint against Republican Rep. Fabián Basabe, finding no probable cause he misused his office for personal gain.

In a January order, the Commission concluded there was no probable cause to believe Basabe violated state ethics law or the Florida Constitution, as alleged in the complaint, and formally dismissed the case

The complaint was filed by Basabe’s former legislative aide, Nicolas Frevola, who previously accused Basabe of sexual harassment and battery in separate proceedings. In the ethics filing, Frevola alleged Basabe used his public position to secure special treatment or personal benefits in connection with conduct described in ongoing lawsuits and two House investigations that both resulted in no findings of wrongdoing by the Miami Beach lawmaker.

The COE examined whether Basabe violated Section 112.313(6) of Florida Statutes , which prohibits public officers from corruptly using their official position to secure a special privilege, benefit or exemption for themselves or others. The complaint also referenced Article II, Section 8(h)(2) of the Florida Constitution, which bars public officials from abusing their office to obtain a disproportionate benefit.

After a preliminary investigation and a recommendation from the Commission’s Advocate, the ethics panel determined there was no probable cause to support either allegation and issued a public report dismissing the matter.

Frevola’s underlying allegations stem from events in 2023, when he and former intern Jacob Cutbirth accused Basabe of inappropriate touching and sexual harassment during their time working in his legislative office.

In a sworn complaint to the COE, Frevola described incidents at Basabe’s home and at public events, including claims that Basabe made sexual advances and engaged in unwanted physical contact with him and Cutbirth and that Basabe drugged and sexually assaulted Frevola’s friend.

Basabe has repeatedly denied wrongdoing and characterized the accusations as politically motivated.

“The ethics complaint was not filed in good faith. It was part of an all-out political assassination attempt that continues to fail. This triggered an intrusive investigation designed to damage my name and distract from my work,” he said in a statement.

“I did not hide behind a fancy legal team, political handlers, nor crisis consultants. I faced this directly and with full cooperation. I had nothing to hide.”

In its public report, the Commission emphasized that its finding was limited to whether Basabe improperly used his office to obtain a benefit for himself. By concluding there was no probable cause under the cited statute and constitutional provision, the panel effectively closed the case, though it took no position on the merits of the civil claims.

The COE’s dismissal does not end the broader legal fight, nor is it the end of Basabe’s dealings with the COE.

Frevola and Cutbirth are suing Basabe in Leon County alleging battery, sexual harassment and defamation. That case remains ongoing. A separate lawsuit by them also targets the House, accusing it of failing to properly investigate or address the complaints.

A hearing is scheduled March 6 on a second complaint Frevola filed with the COE alleging that Basabe misused his public position to obtain a special or disproportionate benefit for himself, citing the same state statute and Florida Constitution article.

Frevola’s filing ties that alleged “misuse” to underlying claims of inappropriate workplace conduct during the 2023 Session, including allegations Basabe pressured him to be “flirty,” sought a private non-disclosure agreement, made sexual comments and questions, and showed sexually suggestive imagery.

That complaint appears likely to be dismissed as well; an attorney assigned to represent the COE during its review of the complaint recommended a finding of no probable cause on both counts, materials Florida Politics reviewed show.

First elected by less than a percentage point in 2022, Basabe was re-elected two years later by a 4-point margin. He represents House District 106, which covers several coastal northeast Miami-Dade County municipalities, including Aventura, Bal Harbour Village, Bay Harbor Islands, Golden Beach, Indian Creek, Miami Beach, North Bay Village, Sunny Isles Beach and Surfside.