RULE 12.492. SPECIAL MAGISTRATES

(a) Special Magistrates. The court may appoint members of
The Florida Bar as special magistrates for any particular service
required by the court in a family law matter other than those
involving injunctions for protection against domestic, repeat, dating,
and sexual violence, and stalking. The special magistrates shall be
governed by all the provisions of law and rules relating to general
magistrates except as otherwise provided by this rule. Additionally,
they shall not be required to make oath or give bond unless
specifically required by the order appointing them. Upon a showing
that the appointment is advisable, a person other than a member of
The Florida Bar may be appointed.

(b) Reference. No reference shall be to a special magistrate
without the express prior consent of the parties, except that the
court upon good cause shown and without consent of the parties
may appoint an attorney as a special magistrate to preside over
depositions and rule upon objections.

(c) General Powers and Duties. Every special magistrate
shall 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. Hearings before any special magistrate shall be held in
the county where the action is pending, but hearings may be held
at any place by order of the court within or without the state to
meet the convenience of the witnesses or the parties. All grounds for
disqualification of a judge shall apply to special magistrates.

(d) Bond. When not otherwise provided by law, the court
may require special magistrates who are appointed to dispose of
real or personal property to give bond and surety conditioned for
the proper payment of all moneys that may come into their hands
and for the due performance of their duties as the court may direct.
The bond shall be made payable to the State of Florida and shall be
for the benefit of all persons aggrieved by any act of the special
magistrate.

(e) Hearings. When a reference is made to a special
magistrate, any party or the special magistrate may set the action
for hearing. The special magistrate shall assign a time and place for
proceedings as soon as reasonably possible after the reference is
made and give notice to each of the parties either directly or by
requiring counsel to file and serve a notice of hearing. If any party
fails to appear, the special magistrate may proceed ex parte or may
adjourn the proceeding to a future day, giving notice to the absent
party of the adjournment. The special magistrate shall proceed with
reasonable diligence in every reference and with the least delay
practicable. Any party may apply to the court for an order to the
special magistrate to speed the proceedings and to make the report
and to certify to the court the reason for any delay. Unless
otherwise ordered by the court, or agreed to by all parties, all
parties shall equally share the cost of the presence of a court
reporter at a special magistrate’s proceedings. If all parties waive
the presence of a court reporter, they must do so in writing. The
special magistrate shall have authority to examine the parties and
all witnesses under oath upon all matters contained in the
reference and to require production of all books, papers, writings,
vouchers, and other documents applicable to it. The special
magistrate shall admit evidence by deposition or that is otherwise
admissible in court. The special magistrate may take all actions
concerning evidence that can be taken by the court and in the same
manner. All parties accounting before a special magistrate shall
bring in their accounts in the form of accounts payable and
receivable, and any other parties who are not satisfied with the
account may examine the accounting party orally or by
interrogatories or deposition as the special magistrate directs. All
depositions and documents that have been taken or used previously
in the action may be used before the special magistrate.

(f) Special Magistrate’s Report. The special magistrate
shall file a report that includes findings of fact and conclusions of
law, together with recommendations. In the report made by the
special magistrate no part of any statement of facts, account,
charge, deposition, examination, or answer used before the special
magistrate need be recited. The matters shall be identified to inform
the court what items were used. The report shall include the name
and address of the court reporter present, if any.
(g) Filing Report; Notice; Exceptions. The special
magistrate shall file the report and recommendations and serve
copies on the parties. The parties may file exceptions to the report
within 10 days from the time it is served on them. If no exceptions
are filed within that period, the court shall take appropriate action
on the report. Any party may file cross-exceptions within 5 days
from the filing of the exceptions, provided, however, that the filing of
cross-exceptions shall not delay the hearing on the exceptions
unless good cause is shown. If exceptions are filed, they shall be
heard on reasonable notice by either party. The party seeking to
have exceptions heard shall be responsible for the preparation of
the transcript of proceedings before the special magistrate.

(h) Expenses of Special Magistrate. The costs of a special
magistrate may be assessed as any other suit money in family
proceedings and all or part of it may be ordered prepaid by order of
the court.

Commentary

1995 Adoption. Originally, both general and special masters
were governed under Florida Rule of Civil Procedure 1.490. General
and special masters are now governed under Florida Family Law
Rules of Procedure 12.490 and 12.492, respectively. The
requirements for appointing special masters are essentially the
same as under the previous rule; but this rule eliminates the need
for consent for the court to appoint an attorney/special master to
preside over depositions and rule on objections. It also provides for
the assessment of suit monies and allows for the filing of cross-
exceptions.

Committee Note

2004 Amendment. In accordance with Chapter 2004-11,
Laws of Florida, all references to special master were changed to
special magistrate.