Robert Zoba v. The City of Coral Springs
District Court of Appeal of Florida
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
- Fuller v. TruncaleDistrict Court of Appeal of Florida · 2010
- Fong v. FormanDistrict Court of Appeal of Florida · 2013