Florida Family Law Rule 12.490
RULE 12.490. GENERAL MAGISTRATES
(a) General Magistrates. Judges of the circuit court may
appoint as many general magistrates from among the members of
The Florida Bar in the circuit as the judges find necessary, and the
general magistrates will continue in office until removed by the
court. The order making an appointment must be recorded. Every
person appointed as a general magistrate must take the oath
required of officers by the constitution and the oath must be
recorded before the magistrate discharges any duties of that office.
(b) Referral
(1) No matter shall be heard by a general magistrate
without an appropriate order of referral and the consent to the
referral of all parties. Consent, as defined in this rule, to a specific
referral, once given, cannot be withdrawn without good cause
shown before the hearing on the merits of the matter referred.
Consent may be express or may be implied in accordance with the
requirements of this rule.
(A) A written objection to the referral to a general
magistrate must be filed within 10 days of the service of the order of
referral.
(B) If the time set for the hearing is less than 10
days after service of the order of referral, the objection must be filed
before commencement of the hearing.
(C) If the order of referral is served within the first
20 days after the service of the initial process, the time to file an
objection is extended to the time within which to file a responsive
pleading.
(D) Failure to file a written objection within the
applicable time period is deemed to be consent to the order of
referral.
(2) The order of referral must be in substantial
conformity with Florida Family Law Rules of Procedure Form
12.920(b), and must contain the following language in bold type:
A REFERRAL TO A GENERAL MAGISTRATE REQUIRES
THE CONSENT OF ALL PARTIES. YOU ARE ENTITLED TO
HAVE THIS MATTER HEARD BEFORE A JUDGE. IF YOU
DO NOT WANT TO HAVE THIS MATTER HEARD BEFORE
THE GENERAL MAGISTRATE, YOU MUST FILE A WRITTEN
OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF THE
TIME OF SERVICE OF THIS ORDER. IF THE TIME SET
FOR THE HEARING IS LESS THAN 10 DAYS AFTER THE
SERVICE OF THIS ORDER, THE OBJECTION MUST BE
FILED BEFORE COMMENCEMENT OF THE HEARING. IF
THIS ORDER IS SERVED WITHIN THE FIRST 20 DAYS
AFTER SERVICE OF PROCESS, THE TIME TO FILE AN
OBJECTION IS EXTENDED TO THE TIME WITHIN WHICH
A RESPONSIVE PLEADING IS DUE. FAILURE TO FILE A
WRITTEN OBJECTION WITHIN THE APPLICABLE TIME
PERIOD IS DEEMED TO BE A CONSENT TO THE
REFERRAL.
REVIEW OF THE RECOMMENDED ORDER MADE BY THE
GENERAL MAGISTRATE MUST BE BY A MOTION TO
VACATE AS PROVIDED IN RULE 12.490(e), FLORIDA
FAMILY LAW RULES OF PROCEDURE. A RECORD, WHICH
INCLUDES A TRANSCRIPT OF PROCEEDINGS, IS
REQUIRED TO SUPPORT THE MOTION TO VACATE,
UNLESS WAIVED BY ORDER OF THE COURT PRIOR TO
ANY HEARING ON THE MOTION TO VACATE.
(3) The order of referral must state with specificity the
matter or matters being referred and the name of the specific
general magistrate to whom the matter is referred. The order of
referral must also state whether electronic recording or a court
reporter is provided by the court, or whether a court reporter, if
desired, must be provided by the litigants.
(4) When a referral is made to a general magistrate, any
party or the general magistrate may set the action for hearing.
(c) General Powers and Duties. Every general magistrate
must perform all of the duties that pertain to the office according to
the practice in chancery and rules of court and under the direction
of the court except those duties related to injunctions for protection
against domestic, repeat, dating, and sexual violence, and stalking.
A general magistrate is empowered to administer oaths and conduct
hearings, which may include the taking of evidence. All grounds for
disqualification of a judge apply to general magistrates.
(d) Hearings.
(1) The general magistrate must assign a time and
place for proceedings as soon as reasonably possible after the
referral is made and give notice to each of the parties either directly
or by directing counsel to file and serve a notice of hearing. If any
party fails to appear, the general magistrate may proceed ex parte
or may adjourn the proceeding to a future day, giving notice to the
absent party of the adjournment. The general magistrate must
proceed with reasonable diligence in every referral and with the
least delay practicable. Any party may apply to the court for an
order to the general magistrate to speed the proceedings and to
make the recommended order and to certify to the court the reason
for any delay.
(2) The general magistrate must take testimony and
establish a record which may be by electronic means as provided by
Florida Rule of General Practice and Judicial Administration
2.535(h)(4) or by a court reporter. The parties may not waive this
requirement.
(3) The general magistrate has the authority to examine
under oath the parties and all witnesses upon all matters contained
in the referral, to require production of all books, documents,
writings, vouchers, and other documents applicable to it, and to
examine on oath orally all witnesses produced by the parties. The
general magistrate may take all actions concerning evidence that
can be taken by the circuit court and in the same manner. The
general magistrate has the same powers as a circuit judge to utilize
communications equipment as defined and regulated by Florida
Rule of General Practice and Judicial Administration 2.530.
(4) The notice or order setting the cause for hearing
must be in substantial conformity with Florida Family Law Rules of
Procedure Forms 12.920 (b) and (c) and must contain the following
language in bold type:
SHOULD YOU WISH TO SEEK REVIEW OF THE
RECOMMENDED ORDER MADE BY THE GENERAL
MAGISTRATE, YOU MUST FILE A MOTION TO VACATE IN
ACCORDANCE WITH RULE 12.490(e), FLORIDA FAMILY
LAW RULES OF PROCEDURE. YOU WILL BE REQUIRED TO
PROVIDE THE COURT WITH A RECORD SUFFICIENT TO
SUPPORT YOUR MOTION TO VACATE OR YOUR MOTION
WILL BE DENIED. A RECORD ORDINARILY INCLUDES A
WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS
UNLESS WAIVED BY ORDER OF THE COURT PRIOR TO
ANY HEARING ON THE MOTION TO VACATE. THE PERSON
SEEKING REVIEW MUST HAVE THE TRANSCRIPT
PREPARED FOR THE COURT’S REVIEW.
(5) The notice or order setting a matter for hearing
must state whether electronic recording or a court reporter is
provided by the court. If the court provides electronic recording, the
notice must also state that any party may provide a court reporter
at that party’s expense.
(e) Entry of Order and Relief from Order.
(1) The general magistrate must submit a
recommended order to the court that includes findings of fact and
conclusions of law.
(2) If a court reporter was present, the recommended
order must contain the name, telephone number, and e-mail
address of the court reporter.
(3) Upon receipt of a recommended order, the court
must review the recommended order and must enter the order
promptly unless the court finds that the recommended order is
facially or legally deficient, in which case, it must identify the
deficiency by written order and remand to the general magistrate to
address and, if necessary, conduct further proceedings without the
necessity of a new order of referral to general magistrate. Any party
affected by the recommended order may move to vacate the
recommended order by filing a motion to vacate within 10 days from
the date of entry. Any party may file a cross-motion to vacate within
5 days of service of a motion to vacate, provided, however, that the
filing of a cross-motion to vacate shall not delay the hearing on the
motion to vacate unless good cause is shown.
(4) A motion to vacate the order must be heard within
30 days from the date the motion is filed, unless the time frame is
extended by court order. Thereafter, the judge must enter an order
rendering a ruling no later than 30 days after the hearing on the
motion to vacate.
(5) The party seeking review shall seek to schedule a
hearing date at the same time that the motion to vacate is filed with
the court. Failure to seek a hearing date in conformity herewith
may result in a denial of the motion to vacate.
(6) A timely filed motion to vacate stays the
enforcement of the recommended order rendered by the court until
after the court has conducted a hearing on the motion to vacate and
renders an order granting or denying the motion to vacate.
(f) Record. For the purpose of the hearing on a motion to
vacate, a record, substantially in conformity with this rule, must be
provided to the court by the party seeking review for the court’s
review.
(1) The record must consist of the court file, all
depositions and documentary and other evidence presented at
hearing, including the transcript of the relevant proceedings before
the general magistrate. However, the transcript may be waived by
order of the court prior to any hearing on the motion to vacate.
(2) Unless waived by order of the court prior to any
hearing on the motion to vacate, the transcript of all relevant
proceedings, if any, must be delivered to the judge and provided to
all other parties not less than 48 hours before the hearing. If less
than a full transcript of the proceedings taken before the general
magistrate is furnished by the moving party, that party must
promptly file a notice setting forth the portions of the transcript that
have been ordered. The responding parties must be permitted to
designate any additional portions of the transcript necessary to the
adjudication of the issues raised in the motion to vacate or motion
to vacate.
(3) The cost of the original and all copies of the
transcript of the proceedings is borne initially by the party seeking
review, subject to appropriate assessment of suit monies. Should
any portion of the transcript be required as a result of a designation
filed by the responding party, the party making the designation
bears the initial cost of the additional transcript.
Commentary
1995 Adoption. This rule is a modification of Florida Rule of
Civil Procedure 1.490. That rule governed the appointment of both
general and special masters. The appointment of special masters is
now governed by Florida Family Law Rule of Procedure 12.492. This
rule is intended to clarify procedures that were required under rule
1.490, and it creates additional procedures. The use of general
masters should be implemented only when such use will reduce
costs and expedite cases in accordance with Dralus v. Dralus, 627
So.2d 505 (Fla. 2d DCA 1993), Wrona v. Wrona, 592 So.2d 694 (Fla.
2d DCA 1991), and Katz v. Katz, 505 So.2d 25 (Fla. 4th DCA 1987).
Committee Notes
2004 Amendment. In accordance with Chapter 2004-11,
Laws of Florida, all references to general master were changed to
general magistrate.
2015 Amendment. Subdivision (b)(3) has been amended to
clarify that the order of referral must include the name of the
specific general magistrate to whom the matter is being referred and
who will conduct the hearing and that concurrent referrals to
multiple general magistrates is inappropriate.
(a) General Magistrates. Judges of the circuit court may
appoint as many general magistrates from among the members of
The Florida Bar in the circuit as the judges find necessary, and the
general magistrates will continue in office until removed by the
court. The order making an appointment must be recorded. Every
person appointed as a general magistrate must take the oath
required of officers by the constitution and the oath must be
recorded before the magistrate discharges any duties of that office.
(b) Referral
(1) No matter shall be heard by a general magistrate
without an appropriate order of referral and the consent to the
referral of all parties. Consent, as defined in this rule, to a specific
referral, once given, cannot be withdrawn without good cause
shown before the hearing on the merits of the matter referred.
Consent may be express or may be implied in accordance with the
requirements of this rule.
(A) A written objection to the referral to a general
magistrate must be filed within 10 days of the service of the order of
referral.
(B) If the time set for the hearing is less than 10
days after service of the order of referral, the objection must be filed
before commencement of the hearing.
(C) If the order of referral is served within the first
20 days after the service of the initial process, the time to file an
objection is extended to the time within which to file a responsive
pleading.
(D) Failure to file a written objection within the
applicable time period is deemed to be consent to the order of
referral.
(2) The order of referral must be in substantial
conformity with Florida Family Law Rules of Procedure Form
12.920(b), and must contain the following language in bold type:
A REFERRAL TO A GENERAL MAGISTRATE REQUIRES
THE CONSENT OF ALL PARTIES. YOU ARE ENTITLED TO
HAVE THIS MATTER HEARD BEFORE A JUDGE. IF YOU
DO NOT WANT TO HAVE THIS MATTER HEARD BEFORE
THE GENERAL MAGISTRATE, YOU MUST FILE A WRITTEN
OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF THE
TIME OF SERVICE OF THIS ORDER. IF THE TIME SET
FOR THE HEARING IS LESS THAN 10 DAYS AFTER THE
SERVICE OF THIS ORDER, THE OBJECTION MUST BE
FILED BEFORE COMMENCEMENT OF THE HEARING. IF
THIS ORDER IS SERVED WITHIN THE FIRST 20 DAYS
AFTER SERVICE OF PROCESS, THE TIME TO FILE AN
OBJECTION IS EXTENDED TO THE TIME WITHIN WHICH
A RESPONSIVE PLEADING IS DUE. FAILURE TO FILE A
WRITTEN OBJECTION WITHIN THE APPLICABLE TIME
PERIOD IS DEEMED TO BE A CONSENT TO THE
REFERRAL.
REVIEW OF THE RECOMMENDED ORDER MADE BY THE
GENERAL MAGISTRATE MUST BE BY A MOTION TO
VACATE AS PROVIDED IN RULE 12.490(e), FLORIDA
FAMILY LAW RULES OF PROCEDURE. A RECORD, WHICH
INCLUDES A TRANSCRIPT OF PROCEEDINGS, IS
REQUIRED TO SUPPORT THE MOTION TO VACATE,
UNLESS WAIVED BY ORDER OF THE COURT PRIOR TO
ANY HEARING ON THE MOTION TO VACATE.
(3) The order of referral must state with specificity the
matter or matters being referred and the name of the specific
general magistrate to whom the matter is referred. The order of
referral must also state whether electronic recording or a court
reporter is provided by the court, or whether a court reporter, if
desired, must be provided by the litigants.
(4) When a referral is made to a general magistrate, any
party or the general magistrate may set the action for hearing.
(c) General Powers and Duties. Every general magistrate
must perform all of the duties that pertain to the office according to
the practice in chancery and rules of court and under the direction
of the court except those duties related to injunctions for protection
against domestic, repeat, dating, and sexual violence, and stalking.
A general magistrate is empowered to administer oaths and conduct
hearings, which may include the taking of evidence. All grounds for
disqualification of a judge apply to general magistrates.
(d) Hearings.
(1) The general magistrate must assign a time and
place for proceedings as soon as reasonably possible after the
referral is made and give notice to each of the parties either directly
or by directing counsel to file and serve a notice of hearing. If any
party fails to appear, the general magistrate may proceed ex parte
or may adjourn the proceeding to a future day, giving notice to the
absent party of the adjournment. The general magistrate must
proceed with reasonable diligence in every referral and with the
least delay practicable. Any party may apply to the court for an
order to the general magistrate to speed the proceedings and to
make the recommended order and to certify to the court the reason
for any delay.
(2) The general magistrate must take testimony and
establish a record which may be by electronic means as provided by
Florida Rule of General Practice and Judicial Administration
2.535(h)(4) or by a court reporter. The parties may not waive this
requirement.
(3) The general magistrate has the authority to examine
under oath the parties and all witnesses upon all matters contained
in the referral, to require production of all books, documents,
writings, vouchers, and other documents applicable to it, and to
examine on oath orally all witnesses produced by the parties. The
general magistrate may take all actions concerning evidence that
can be taken by the circuit court and in the same manner. The
general magistrate has the same powers as a circuit judge to utilize
communications equipment as defined and regulated by Florida
Rule of General Practice and Judicial Administration 2.530.
(4) The notice or order setting the cause for hearing
must be in substantial conformity with Florida Family Law Rules of
Procedure Forms 12.920 (b) and (c) and must contain the following
language in bold type:
SHOULD YOU WISH TO SEEK REVIEW OF THE
RECOMMENDED ORDER MADE BY THE GENERAL
MAGISTRATE, YOU MUST FILE A MOTION TO VACATE IN
ACCORDANCE WITH RULE 12.490(e), FLORIDA FAMILY
LAW RULES OF PROCEDURE. YOU WILL BE REQUIRED TO
PROVIDE THE COURT WITH A RECORD SUFFICIENT TO
SUPPORT YOUR MOTION TO VACATE OR YOUR MOTION
WILL BE DENIED. A RECORD ORDINARILY INCLUDES A
WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS
UNLESS WAIVED BY ORDER OF THE COURT PRIOR TO
ANY HEARING ON THE MOTION TO VACATE. THE PERSON
SEEKING REVIEW MUST HAVE THE TRANSCRIPT
PREPARED FOR THE COURT’S REVIEW.
(5) The notice or order setting a matter for hearing
must state whether electronic recording or a court reporter is
provided by the court. If the court provides electronic recording, the
notice must also state that any party may provide a court reporter
at that party’s expense.
(e) Entry of Order and Relief from Order.
(1) The general magistrate must submit a
recommended order to the court that includes findings of fact and
conclusions of law.
(2) If a court reporter was present, the recommended
order must contain the name, telephone number, and e-mail
address of the court reporter.
(3) Upon receipt of a recommended order, the court
must review the recommended order and must enter the order
promptly unless the court finds that the recommended order is
facially or legally deficient, in which case, it must identify the
deficiency by written order and remand to the general magistrate to
address and, if necessary, conduct further proceedings without the
necessity of a new order of referral to general magistrate. Any party
affected by the recommended order may move to vacate the
recommended order by filing a motion to vacate within 10 days from
the date of entry. Any party may file a cross-motion to vacate within
5 days of service of a motion to vacate, provided, however, that the
filing of a cross-motion to vacate shall not delay the hearing on the
motion to vacate unless good cause is shown.
(4) A motion to vacate the order must be heard within
30 days from the date the motion is filed, unless the time frame is
extended by court order. Thereafter, the judge must enter an order
rendering a ruling no later than 30 days after the hearing on the
motion to vacate.
(5) The party seeking review shall seek to schedule a
hearing date at the same time that the motion to vacate is filed with
the court. Failure to seek a hearing date in conformity herewith
may result in a denial of the motion to vacate.
(6) A timely filed motion to vacate stays the
enforcement of the recommended order rendered by the court until
after the court has conducted a hearing on the motion to vacate and
renders an order granting or denying the motion to vacate.
(f) Record. For the purpose of the hearing on a motion to
vacate, a record, substantially in conformity with this rule, must be
provided to the court by the party seeking review for the court’s
review.
(1) The record must consist of the court file, all
depositions and documentary and other evidence presented at
hearing, including the transcript of the relevant proceedings before
the general magistrate. However, the transcript may be waived by
order of the court prior to any hearing on the motion to vacate.
(2) Unless waived by order of the court prior to any
hearing on the motion to vacate, the transcript of all relevant
proceedings, if any, must be delivered to the judge and provided to
all other parties not less than 48 hours before the hearing. If less
than a full transcript of the proceedings taken before the general
magistrate is furnished by the moving party, that party must
promptly file a notice setting forth the portions of the transcript that
have been ordered. The responding parties must be permitted to
designate any additional portions of the transcript necessary to the
adjudication of the issues raised in the motion to vacate or motion
to vacate.
(3) The cost of the original and all copies of the
transcript of the proceedings is borne initially by the party seeking
review, subject to appropriate assessment of suit monies. Should
any portion of the transcript be required as a result of a designation
filed by the responding party, the party making the designation
bears the initial cost of the additional transcript.
Commentary
1995 Adoption. This rule is a modification of Florida Rule of
Civil Procedure 1.490. That rule governed the appointment of both
general and special masters. The appointment of special masters is
now governed by Florida Family Law Rule of Procedure 12.492. This
rule is intended to clarify procedures that were required under rule
1.490, and it creates additional procedures. The use of general
masters should be implemented only when such use will reduce
costs and expedite cases in accordance with Dralus v. Dralus, 627
So.2d 505 (Fla. 2d DCA 1993), Wrona v. Wrona, 592 So.2d 694 (Fla.
2d DCA 1991), and Katz v. Katz, 505 So.2d 25 (Fla. 4th DCA 1987).
Committee Notes
2004 Amendment. In accordance with Chapter 2004-11,
Laws of Florida, all references to general master were changed to
general magistrate.
2015 Amendment. Subdivision (b)(3) has been amended to
clarify that the order of referral must include the name of the
specific general magistrate to whom the matter is being referred and
who will conduct the hearing and that concurrent referrals to
multiple general magistrates is inappropriate.