Second ethics complaint against Fabián Basabe dismissed for lack of probable cause

A second state ethics complaint against Miami Beach Republican Rep. Fabián Basabe by a former staffer has been dismissed.

In a March 6 decision, the Florida Commission on Ethics (COE) concluded there was no probable cause to believe Basabe violated state law or the Florida Constitution by using his position for personal benefit.

The panel’s review focused on whether Basabe “corruptly used” his office — a legal standard requiring evidence that he leveraged governmental authority to obtain a benefit unavailable to others.

As was the case with a prior complaint the COE dismissed last month, Commissioners determined the complaint did not meet that threshold.

Both complaints were filed by Nicolas Frevola, a former legislative aide who has accused Basabe in multiple forums of misconduct tied to his time working in the lawmaker’s office during the 2023 Legislative Session.

In the ethics filing, Frevola alleged Basabe improperly used his public position in connection with that underlying conduct, citing prohibitions against securing special privileges or disproportionate benefits.

Those claims were rooted in broader allegations Frevola brought against Basabe — whom he accused in 2023 of battery in one of two House investigations that were dismissed — for what he described as inappropriate workplace behavior, unwanted sexual advances and efforts to secure agreements tied to silence about the alleged conduct. Basabe has consistently denied wrongdoing.

The COE’s decision mirrors its February dismissal of an earlier ethics complaint from Frevola that raised similar legal questions under the same statutes. In that case, the panel likewise found no probable cause after determining the allegations, even if taken as presented, did not establish that Basabe used his office in a manner prohibited by law.

The COE examined whether Basabe violated Section 112.313(6) of Florida Statutes, which prohibits public officers from using their official position to secure a special privilege, benefit or exemption for themselves or others. The complaints 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.

Together, the rulings close both ethics cases without findings of wrongdoing, though they do not address the merits of the underlying accusations themselves.

“The facts have spoken. Again,” Basabe said in a statement following the latest dismissal. He reiterated his claim that the allegations were “false and politically motivated.”

“Before any facts were examined, many were all too eager to amplify sensationalism and unproven accusations, parade them through the media, rush to judgment and attempt to smear my name, all for political gain,” he said.

“These accusations came from the same circle of radical, attention-seeking opportunists who have repeatedly tried to weaponize process and publicity for attention and advantage rather than truth. Today, the damage caused by that spectacle cannot simply be undone and I will fervently remember those who chose to participate, along with those who treated due process as an inconvenience. Shame on all who cooperated.”

Florida Politics sought comments from Frevola and his lawyer, Cindy Myers, and will update this report if we receive them.

The legal fight surrounding the accusations remains ongoing.

Frevola and former Basabe intern Jacob Cutbirth filed a lawsuit in Leon County in 2023, accusing Basabe of battery, sexual harassment and defamation. A separate suit also names the House, alleging it failed to properly investigate or respond to their complaints.

Both cases remain pending.

First elected by less than a percentage point in 2022 and re-elected by a 4-point margin in 2024, Basabe represents House District 106, which includes Miami Beach and several surrounding coastal communities in northeast Miami-Dade County.

Two Democrats are competing to challenge him in November: former Miami-Dade County School Board member Lucia Báez-Geller and lawyer Ashley Litwin Diego.