Fla. Fam. L. R. P. 12.492

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

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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

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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

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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.

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.

2004 Amendment. In accordance with Chapter 2004-11,

Laws of Florida, all references to special master were changed to

special magistrate.