RULE 5.697. MAGISTRATES’ REVIEW OF GUARDIANSHIP
INVENTORIES, ACCOUNTINGS, AND PLANS

(a) General Magistrates. The court may appoint general
magistrates to review guardianship inventories, accountings, and
plans. General magistrates shall be members of The Florida Bar
and shall continue in office until removed by the court. The order
appointing a general magistrate shall be recorded. Each general
magistrate shall take the oath required of officers of the court by
the Florida Constitution. The oath shall be recorded before the
magistrate begins to act.

(b) Special Magistrates. In connection with the court’s
review of guardianship inventories, accountings, and plans, the
court may appoint members of The Florida Bar as special
magistrates for any particular service required by the court. Special
magistrates shall be governed by all laws and rules relating to
general magistrates except special magistrates shall not be required
to take an oath unless specifically required by the court. For good
cause shown, the court may appoint a person other than a member
of The Florida Bar as a special magistrate.

(c) General Powers and Duties. Every magistrate shall act
under the direction of the court. Process issued by a magistrate
shall be directed as provided by law. All grounds for disqualification
of a judge shall apply to magistrates.

(d) Hearings. Hearings before any magistrate may be held in
the county where the action is pending, or at any other place by
order of the court for the convenience of the witnesses or the
parties. A magistrate shall give notice of hearings to all parties. If
any party fails to appear, the magistrate may proceed ex parte or
may continue the hearing to a future day, with notice to the absent
party. The magistrate shall proceed with reasonable diligence and
the least practicable delay. Any party may apply to the court for an
order directing the magistrate to accelerate the proceedings and to
make a report promptly. Evidence shall be taken in writing or by
electronic recording by the magistrate or by some other person
under the magistrate’s authority in the magistrate’s presence and
shall be filed with the magistrate’s report. The magistrate may
examine and take testimony from the parties and their witnesses
under oath, on all matters authorized by the court for review by the
magistrate and may require production of all books, papers,
writings, vouchers, and other documents applicable to those
matters. The magistrate shall admit only evidence that would be
admissible in court. The magistrate may take all actions concerning
evidence that may be taken by the court.

(e) Magistrate’s Report. The magistrate’s report shall
contain a description of the matters considered and the magistrate’s
conclusions and any recommendations. No part of any statement of
facts, account, charge, deposition, examination, or answer used
before the magistrate shall be recited. The magistrate shall be
required to file a report only if a hearing is held pursuant to
subdivision (d) of this rule or if specifically directed to do so by the
court.

(f) Filing Report; Service; Exceptions. The magistrate
shall file a report with the court and serve copies on the parties.
The parties may serve exceptions to the report within 10 days from
the date the report is served on them. If no exceptions are timely
filed, the court shall take appropriate action on the report. All
timely filed exceptions shall be heard by the court on reasonable
notice by any party.

Committee Notes

Rule History

1991 Revision: This is a new rule, patterned after Florida Rule
of Civil Procedure 1.490.

1992 Revision: Editorial change. Citation form change in
committee notes.

2004 Revision: Change in nomenclature from “master” to
“magistrate” to track similar change in the Florida Statutes.
2007 Revision: Title of rule and subdivisions (a) and (b)
amended to include inventories. “Shall” substituted for “may” in last
sentence of subdivision (f). Committee notes revised.

Statutory Reference

§ 744.369(2), Fla. Stat. Judicial review of guardianship
reports.

Rule References

Fla. Prob. R. 5.095 General and special magistrates.

Fla. R. Civ. P. 1.490 Magistrates.