Torts
— Defamation — Action against Florida Bar alleging Bar defamed plaintiff when
it posted in his attorney profile and stated in a letter that plaintiff had
been “disbarred” when supreme court had “revoked” plaintiff’s license for
making material omissions in application for admission to Bar — Revocation can
be tantamount to disbarment — Moreover, Bar has absolute immunity for actions
taken within scope of its authority as arm of Florida Supreme Court in matters
of regulation of attorneys

DANIEL MARK ZAVADIL, Appellant, v. THE FLORIDA BAR,
Appellee. 4th District. Case No. 4D15-3573. June 8, 2016. Appeal from the
Circuit Court for the Seventeenth Judicial Circuit, Broward County; Carol-Lisa
Phillips, Judge; L.T. Case No. CACE15-005275 (25). Counsel: Daniel Zavadil,
Sterling, Virginia, pro se. M. Hope Keating and Michael H. Moody of Greenberg
Traurig, P.A., Tallahassee, for appellee.

ON
MOTION FOR REHEARING

(PER CURIAM.) We deny the motion for rehearing en banc but
grant the motion for a written opinion, withdraw our prior affirmance without
opinion, and substitute the following opinion in its place.

Affirmed. The trial court correctly
dismissed appellant’s complaint against The Florida Bar for defamation. In his
complaint, appellant alleged that the Bar defamed him when it posted in his
attorney profile and stated in a letter that he had been “disbarred” when the
supreme court had “revoked” his license for making material omissions in his
application for admission to the Bar. See Fla. Bd. of Bar Exam’rs re Zavadil,
123 So. 3d 550 (Fla. 2013). A revocation of a license can be tantamount to a
disbarment. See R. Regulating Fla. Bar 3-5.1(g) (“A disciplinary
revocation is tantamount to a disbarment.”).1 Moreover, the Bar has absolute
immunity for actions taken within the scope of its authority as an arm of the
Florida Supreme Court in the matters of the regulation of attorneys. See
Mueller v. The Fla. Bar, 390 So. 2d 449, 451 (Fla. 4th DCA 1980). The term
“scope of office” has been interpreted broadly. Id. at 451-52.
Maintaining an accurate public listing of attorneys, including whether or not
they are in good standing and able to practice, is an integral part of the
Bar’s duties, as is responding to inquiries regarding an attorney’s status. See,
e.g., R. Regulating Fla. Bar 3-5.4. (WARNER, CONNER and FORST, JJ.,
concur.)

__________________

1Although appellant’s suspension was
under Florida Bar Admissions Rule 5-14, Rule 3-5.1(g) is instructive that
revocation and disbarment are similar. To “disbar” means to expel from the bar
so that the member can no longer practice law in that jurisdiction. See R.
Regulating Fla. Bar 3-5.1(f); Black’s Law Dictionary (10th ed. 2014).
Revocation of the license also prevents the member from practicing law in that
jurisdiction.

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