FitzPatrick was educated at Whitfield Primary School, Whitfield High School, Inverness College and Abertay University. He studied Forestry at Inverness College and worked for the Forestry Commission in Angus and Tillhill Forestry in Argyle. He was elected President of Inverness College Students Association and was re-elected as the College's first Sabbatical President. He was elected to the National Executive of NUS in 1990 and was given specific responsibility for LGBT issues. He was later elected as the Area Convenor for the National Union of Students in 1991-92. Before his election to the Scottish Parliament, FitzPatrick worked for Dundee SNP parliamentarians Shona Robison MSP and Stewart Hosie MP and was also a Dundee City councillor, SNP group whip and finance spokesperson. He also represented the council on a number of posts on outside bodies including:
2001–2003 COSLA Spokesperson Consumer and Protection Services
2003–2007 COSLA Association for Public Services Excellence After being elected MSP for Dundee West, he was elected as the SNP Group Secretary in the Parliament and was a member of the Finance Committee and SNP substitute on the Health Committee. He was also the Parliamentary Liaison Officer to John Swinney MSP. In 2007 FitzPatrick was elected to the SNP's National Executive Committee. In 2009 he co-ordinated the SNP's successful European Election Campaign. In 2011 FitzPatrick was re-elected to the slightly enlarged Dundee City west seat with an increased majority and 57.6% of the vote. FitzPatrick went on to be appointed Convener of the Local Government and Regeneration Committee. He was Co-convener of the Cross Party Group on Renewable Energy and Energy Efficiency and Convener of the Cross Party Group on Computer Games Technology prior to his appointment as Minister for Parliamentary Business in September 2012. In 2007 FitzPatrick was one of four openly LGBT MSPs, along with Patrick Harvie, Iain Smith and Margaret Smith In 2011 FitzPatrick was one of seven openly LGBT MSPs, along with Marco Biagi, Derek Mackay, Ruth Davidson, Kevin Stewart, Jim Eadie and Patrick Harvie. In 2016 FitzPatrick was one of ten openly LGBT MSPs :Category:LGBT politicians from Scotland|LGBT politicians from Scotland