Florida Juvenile Procedure Rule 8.257
RULE 8.257. GENERAL MAGISTRATES
(a) Appointment. 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 shall continue in office until removed by the court. The
order of 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) Consent. 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specific referral, once given, cannot be withdrawn without good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 implied in accordance with the
requirements of this rule.
(2) Objection. A written objection to the referral to a
general magistrate must be filed within 10 days of the service of the
order of referral. 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. Failure to file a written
objection within the applicable time period is deemed to be consent
to the order of referral.
(3) Order.
(A) The order of referral shall 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 MADE BEFORE THE HEARING.
FAILURE TO FILE A WRITTEN OBJECTION WITHIN
THE APPLICABLE TIME PERIOD IS DEEMED TO BE A
CONSENT TO THE REFERRAL.
REVIEW OF THE REPORT AND RECOMMENDATIONS
MADE BY THE GENERAL MAGISTRATE SHALL BE BY
EXCEPTIONS AS PROVIDED IN FLORIDA RULE OF
JUVENILE PROCEDURE 8.257(f). A RECORD, WHICH
INCLUDES A TRANSCRIPT OF PROCEEDINGS,
ELECTRONIC RECORDING OF PROCEEDINGS, OR
STIPULATION BY THE PARTIES OF THE EVIDENCE
CONSIDERED BY THE GENERAL MAGISTRATE AT
THE PROCEEDINGS, WILL BE REQUIRED TO
SUPPORT THE EXCEPTIONS.
(B) The order of referral must state with specificity
the matter or matters being referred. The order of referral must also
state whether electronic recording or a court reporter is provided by
the court.
(4) Setting Hearing. 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. A general magistrate shall be empowered to administer
oaths and conduct hearings, which may include the taking of
evidence. All grounds for disqualification of a judge shall 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 of the
adjournment to the absent party. 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 report 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(g)(3) or by a court reporter. The parties may not waive this
requirement.
(3) The general magistrate shall have authority to
examine under oath the parties and all witnesses on all matters
contained in the referral, to require production of all books, papers,
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 shall have the same powers as a circuit judge to
use communication technology as defined and regulated by Florida
Rules of Juvenile Procedure 8.001 and 8.002.
(4) 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, subject to the court’s approval.
(e) Report.
(1) The general magistrate must file a report that
includes findings of fact, conclusions of law, and recommendations
and serve copies on all parties. If a court reporter was present, the
report must contain the name and address of the reporter.
(2) The report and recommendations must contain the
following language in bold type:
SHOULD YOU WISH TO SEEK REVIEW OF THE
REPORT AND RECOMMENDATIONS MADE BY THE
GENERAL MAGISTRATE, YOU MUST FILE
EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE
REPORT AND RECOMMENDATIONS IN ACCORDANCE
WITH FLORIDA RULE OF JUVENILE PROCEDURE
8.257(f). YOU WILL BE REQUIRED TO PROVIDE THE
COURT WITH A RECORD SUFFICIENT TO SUPPORT
YOUR EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF
THE REPORT AND RECOMMENDATIONS OR YOUR
EXCEPTIONS WILL BE DENIED. A RECORD
ORDINARILY INCLUDES A TRANSCRIPT OF
PROCEEDINGS, ELECTRONIC RECORDING OF
PROCEEDINGS, OR STIPULATION BY THE PARTIES
OF THE EVIDENCE CONSIDERED BY THE GENERAL
MAGISTRATE AT THE PROCEEDINGS. THE PERSON
SEEKING REVIEW MUST HAVE THE TRANSCRIPT
PREPARED FOR THE COURT’S REVIEW.
(f) Exceptions. The parties may file exceptions to the report
within 10 days from the time it is served on them. Any party may
file cross-exceptions within 5 days from the service of the
exceptions. However, the filing of cross-exceptions must not delay
the hearing on the exceptions unless good cause is shown. If no
exceptions are filed within that period, the court must take
appropriate action on the report. If exceptions are filed, they must
be heard on reasonable notice by either party or the court.
(g) Record.
(1) For the purpose of the hearing on exceptions, a
record, substantially in conformity with this rule, must be provided
to the court by the party seeking review. The record shall consist of:
(A) the court file;
(B) all depositions and evidence presented to the
general magistrate; and
(C) the transcript of the proceedings, electronic
recording of the proceedings, or stipulation by the parties of the
evidence considered by the general magistrate at the proceedings.
(2) The transcript of the proceedings, electronic
recording of the proceedings, or stipulation by the parties of the
evidence considered by the general magistrate at the proceedings, if
any, must be delivered to the judge and provided to all other parties
not less than 48 hours before the hearing on exceptions.
(3) If less than a full transcript or electronic recording
of the proceedings taken before the general magistrate is ordered
prepared by the excepting party, that party must promptly file a
notice setting forth the portions of the transcript or electronic
recording that have been ordered. The responding party must be
permitted to designate any additional portions of the transcript or
electronic recording necessary to the adjudication of the issues
raised in the exceptions or cross-exceptions.
(4) The cost of the original and all copies of the
transcript or electronic recording of the proceedings shall be borne
initially by the party seeking review. Should any portion of the
transcript or electronic recording be required as a result of a
designation filed by the responding party, the party making the
designation shall bear the initial cost of the additional transcript or
electronic recording.
(h) Prohibition on Magistrate Presiding over Certain
Hearings. Notwithstanding the provisions of this rule, a general
magistrate must not preside over a shelter hearing under section
39.402, Florida Statutes, an adjudicatory hearing under section
39.507, Florida Statutes, or an adjudicatory hearing under section
39.809, Florida Statutes.
(a) Appointment. 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 shall continue in office until removed by the court. The
order of 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) Consent. 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 implied in accordance with the
requirements of this rule.
(2) Objection. A written objection to the referral to a
general magistrate must be filed within 10 days of the service of the
order of referral. 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. Failure to file a written
objection within the applicable time period is deemed to be consent
to the order of referral.
(3) Order.
(A) The order of referral shall 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 MADE BEFORE THE HEARING.
FAILURE TO FILE A WRITTEN OBJECTION WITHIN
THE APPLICABLE TIME PERIOD IS DEEMED TO BE A
CONSENT TO THE REFERRAL.
REVIEW OF THE REPORT AND RECOMMENDATIONS
MADE BY THE GENERAL MAGISTRATE SHALL BE BY
EXCEPTIONS AS PROVIDED IN FLORIDA RULE OF
JUVENILE PROCEDURE 8.257(f). A RECORD, WHICH
INCLUDES A TRANSCRIPT OF PROCEEDINGS,
ELECTRONIC RECORDING OF PROCEEDINGS, OR
STIPULATION BY THE PARTIES OF THE EVIDENCE
CONSIDERED BY THE GENERAL MAGISTRATE AT
THE PROCEEDINGS, WILL BE REQUIRED TO
SUPPORT THE EXCEPTIONS.
(B) The order of referral must state with specificity
the matter or matters being referred. The order of referral must also
state whether electronic recording or a court reporter is provided by
the court.
(4) Setting Hearing. 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. A general magistrate shall be empowered to administer
oaths and conduct hearings, which may include the taking of
evidence. All grounds for disqualification of a judge shall 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 of the
adjournment to the absent party. 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 report 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(g)(3) or by a court reporter. The parties may not waive this
requirement.
(3) The general magistrate shall have authority to
examine under oath the parties and all witnesses on all matters
contained in the referral, to require production of all books, papers,
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 shall have the same powers as a circuit judge to
use communication technology as defined and regulated by Florida
Rules of Juvenile Procedure 8.001 and 8.002.
(4) 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, subject to the court’s approval.
(e) Report.
(1) The general magistrate must file a report that
includes findings of fact, conclusions of law, and recommendations
and serve copies on all parties. If a court reporter was present, the
report must contain the name and address of the reporter.
(2) The report and recommendations must contain the
following language in bold type:
SHOULD YOU WISH TO SEEK REVIEW OF THE
REPORT AND RECOMMENDATIONS MADE BY THE
GENERAL MAGISTRATE, YOU MUST FILE
EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE
REPORT AND RECOMMENDATIONS IN ACCORDANCE
WITH FLORIDA RULE OF JUVENILE PROCEDURE
8.257(f). YOU WILL BE REQUIRED TO PROVIDE THE
COURT WITH A RECORD SUFFICIENT TO SUPPORT
YOUR EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF
THE REPORT AND RECOMMENDATIONS OR YOUR
EXCEPTIONS WILL BE DENIED. A RECORD
ORDINARILY INCLUDES A TRANSCRIPT OF
PROCEEDINGS, ELECTRONIC RECORDING OF
PROCEEDINGS, OR STIPULATION BY THE PARTIES
OF THE EVIDENCE CONSIDERED BY THE GENERAL
MAGISTRATE AT THE PROCEEDINGS. THE PERSON
SEEKING REVIEW MUST HAVE THE TRANSCRIPT
PREPARED FOR THE COURT’S REVIEW.
(f) Exceptions. The parties may file exceptions to the report
within 10 days from the time it is served on them. Any party may
file cross-exceptions within 5 days from the service of the
exceptions. However, the filing of cross-exceptions must not delay
the hearing on the exceptions unless good cause is shown. If no
exceptions are filed within that period, the court must take
appropriate action on the report. If exceptions are filed, they must
be heard on reasonable notice by either party or the court.
(g) Record.
(1) For the purpose of the hearing on exceptions, a
record, substantially in conformity with this rule, must be provided
to the court by the party seeking review. The record shall consist of:
(A) the court file;
(B) all depositions and evidence presented to the
general magistrate; and
(C) the transcript of the proceedings, electronic
recording of the proceedings, or stipulation by the parties of the
evidence considered by the general magistrate at the proceedings.
(2) The transcript of the proceedings, electronic
recording of the proceedings, or stipulation by the parties of the
evidence considered by the general magistrate at the proceedings, if
any, must be delivered to the judge and provided to all other parties
not less than 48 hours before the hearing on exceptions.
(3) If less than a full transcript or electronic recording
of the proceedings taken before the general magistrate is ordered
prepared by the excepting party, that party must promptly file a
notice setting forth the portions of the transcript or electronic
recording that have been ordered. The responding party must be
permitted to designate any additional portions of the transcript or
electronic recording necessary to the adjudication of the issues
raised in the exceptions or cross-exceptions.
(4) The cost of the original and all copies of the
transcript or electronic recording of the proceedings shall be borne
initially by the party seeking review. Should any portion of the
transcript or electronic recording be required as a result of a
designation filed by the responding party, the party making the
designation shall bear the initial cost of the additional transcript or
electronic recording.
(h) Prohibition on Magistrate Presiding over Certain
Hearings. Notwithstanding the provisions of this rule, a general
magistrate must not preside over a shelter hearing under section
39.402, Florida Statutes, an adjudicatory hearing under section
39.507, Florida Statutes, or an adjudicatory hearing under section
39.809, Florida Statutes.