Fla. Fam. L. R. P. 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 can 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referral, once given, cannot be withdrawn without good cause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.

-- 138 of 215 --

Family Law Rules of Procedure October 1, 2025 139

(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

-- 139 of 215 --

Family Law Rules of Procedure October 1, 2025 140

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.

-- 140 of 215 --

Family Law Rules of Procedure October 1, 2025 141

(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

-- 141 of 215 --

Family Law Rules of Procedure October 1, 2025 142

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) On 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 order may move to vacate the order by filing a motion to vacate

within 15 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 will

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. If applicable, a motion to vacate operates

as a motion for rehearing under rule 12.530. 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 must 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 may result in a denial of

the motion to vacate.

-- 142 of 215 --

Family Law Rules of Procedure October 1, 2025 143

(6) A timely filed motion to vacate stays the

enforcement of the 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 cross-

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.

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

-- 143 of 215 --

Family Law Rules of Procedure October 1, 2025 144

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).

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.