Legal Opinion · Dissent

Robert Zoba v. The City of Coral Springs

District Court of Appeal of Florida

Decided March 9, 2016No. 4D14-1182Published

1DissentWarner, J.

Although I agree that the clerk of court can assert judicial immunity for the acts of collecting and distributing the traffic fines, including the administrative fee, I cannot agree that there is any judicial immunity for the retention of the portion of the fine which-the clerk is allowed to keep in a fine and forfeiture fund pursuant to statute. That is directed by statute, not judicial discretion. , See §§ 28.246(3); 318.21, Fla. Stat. (2010). In fact, pursuant to section 28.246(3), as quoted by the majority, such funds are disbursed “in accordance with authorizations and procedures as…

2Cases cited2 opinions

  1. Fuller v. TruncaleDistrict Court of Appeal of Florida · 2010
  2. Fong v. FormanDistrict Court of Appeal of Florida · 2013

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