A general magistrate in Florida is a licensed attorney, appointed by a circuit court judge, who conducts hearings on specific issues the judge refers out and then recommends a ruling. The magistrate takes sworn testimony, weighs evidence, and files a written report, but the presiding judge signs the final order. You also have a right that is easy to forfeit by doing nothing: in most cases a magistrate cannot hear your matter without your consent, and silence past a short deadline counts as consent.
What a General Magistrate Does
Circuit judges rely on general magistrates to keep crowded dockets moving, especially in family law divisions where a single judge cannot personally hear every temporary motion and post-judgment dispute. A magistrate’s authority in your case is defined by an “order of referral” the judge issues. That order lists exactly which issues the magistrate may handle, and the magistrate cannot go beyond those boundaries. If a motion is referred, the related matters like discovery disputes and continuances travel with it.1Third Judicial Circuit of Florida. Administrative Order 2022-001 – Appointment of General Magistrate
Within the referred issues, the magistrate has broad authority during a hearing. They can place witnesses under oath, require the production of documents, and take all actions on evidence that a circuit judge could take.2The Florida Bar. Florida Family Law Rules of Procedure Rule 12.490 – General Magistrates What they cannot do is issue a binding order. Everything they produce is a recommendation to the judge.
Your Right to Refuse a Magistrate
Under the Florida Rules of Civil Procedure and the Florida Family Law Rules, no case can be heard by a general magistrate without the consent of all parties. Every order of referral must contain bold-type language telling you that you are entitled to have the matter heard by a judge.3Florida Courts. Florida Order of Referral to General Magistrate If you do not want a magistrate deciding your issues, you can refuse.
The deadline is short. You must file a written objection within 10 days of being served with the order of referral. If the hearing is scheduled less than 10 days out, file the objection before the hearing starts. If the referral order arrives during the first 20 days after you were initially served with process in the case, your deadline extends to whenever your responsive pleading is due.2The Florida Bar. Florida Family Law Rules of Procedure Rule 12.490 – General Magistrates Miss the deadline and your silence counts as consent. Once you have consented, you cannot withdraw that consent without showing good cause, and the judge must rule on that motion before the magistrate hears the merits.
In regular civil cases outside of family law, all parties must expressly agree to the referral before it happens.4Ninth Judicial Circuit Court of Florida. Procedure for Using Magistrates in Circuit Civil Cases Residential mortgage foreclosures follow a separate rule under Rule 1.491, where consent can be implied if nobody objects in writing within the specified timeframe.5Supreme Court of Florida. In Re: Amendments to the Florida Rules of Civil Procedure – Rule 1.491
What Issues Can and Cannot Be Sent to a Magistrate
General magistrates most often appear in family law: temporary alimony, child support calculations, parenting plan disputes, and post-judgment modifications like changes to timesharing. They also hear matters in probate, guardianship, and other civil areas with heavy caseloads.1Third Judicial Circuit of Florida. Administrative Order 2022-001 – Appointment of General Magistrate
One hard limit: general magistrates cannot preside over injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, or stalking. Those matters must be heard by a judge.2The Florida Bar. Florida Family Law Rules of Procedure Rule 12.490 – General Magistrates A pending protective injunction will not be sent to a magistrate regardless of the court’s workload.
What the Hearing Looks Like
A hearing before a general magistrate is a formal legal proceeding. It may feel less rigid than a trial, but the same rules of procedure and evidence apply. Testimony is given under oath, and the proceedings are officially recorded, usually through electronic recording equipment provided by the court. If you want a live court reporter instead, you can hire one at your own expense.612th Judicial Circuit Court of Florida. Florida Family Law Rules of Procedure Form 12.920(c) – Notice of Hearing Before General Magistrate Both sides present their case, call witnesses, and introduce documents. If a party fails to appear, the magistrate may proceed without them or reschedule and notify the absent party.
Think about the record before you walk in. If there is any chance you will want to challenge the outcome, you will need a transcript, and getting one takes time and money. More on that below.
The Report and How to Challenge It
After the hearing, the magistrate files a written report with findings of fact based on the evidence, conclusions of law, and a recommended ruling on the referred issues.7Ninth Judicial Circuit Court of Florida. Procedure for Using Magistrates in Circuit Civil Cases The report is served on all parties. It carries no legal force until the presiding judge acts on it.
If you disagree with what the magistrate found or recommended, your remedy is to file “exceptions,” which are formal written objections. You have 10 days from the date the report is served to get them filed.8Florida Courts. Florida Rules of Civil Procedure 1.490 – Magistrates Miss that window and you are generally deemed to have waived your right to challenge the report; the judge will likely adopt it as the final order.
Exceptions cannot be vague. Identify the specific findings or legal conclusions you believe are wrong and explain why. Courts have pushed back on excessive or unfocused exceptions that burden rather than help the review.4Ninth Judicial Circuit Court of Florida. Procedure for Using Magistrates in Circuit Civil Cases
You Have to Supply the Transcript
This is where many exceptions die. You are required to provide the court with a written transcript of the relevant proceedings before the magistrate. The court does not prepare it for you. Without that record, the court will deny your exceptions and enter an order approving the magistrate’s recommendations.912th Judicial Circuit. Exceptions to a Magistrate’s Findings and Recommended Order Producing a transcript means ordering the electronic recording from the court and hiring a transcriptionist, which costs money and takes time. Build that into your 10-day deadline, and if you suspect going into a hearing that exceptions may be necessary, start arranging for the transcript right away.
How the Judge Finalizes the Decision
When no exceptions are filed within 10 days, the judge reviews the magistrate’s report and typically adopts it as the court’s final order.8Florida Courts. Florida Rules of Civil Procedure 1.490 – Magistrates When timely exceptions are filed, the judge holds a hearing focused on the specific objections raised rather than redoing the entire proceeding.
After reviewing the exceptions and the transcript, the judge may adopt the report in full, so that the recommendations become the court’s order; modify it, accepting some parts and changing others; reject it entirely and reach a different conclusion; or send it back to the magistrate for additional proceedings or clarification. The judge’s signed order is the legally enforceable judgment. Until that signature, the magistrate’s report is only a recommendation.
Removing a Magistrate for Bias
The same grounds that disqualify a judge apply to a general magistrate.2The Florida Bar. Florida Family Law Rules of Procedure Rule 12.490 – General Magistrates Under Rule of General Practice and Judicial Administration 2.330, you can move to disqualify a magistrate if you reasonably fear you will not receive a fair hearing because of prejudice or bias. The motion must describe specific facts supporting your claim and identify when you discovered those facts.10The Florida Bar. Proposed Amendments to Rule of General Practice and Judicial Administration 2.330 – Disqualification of Trial Judges
File within a reasonable time, no more than 20 days after you learn the facts supporting disqualification. If bias surfaces during a hearing, state your objection on the record and follow up promptly with a written motion. The magistrate decides only whether the motion is legally sufficient, not whether the allegations are true. A legally sufficient motion must be granted immediately. If the magistrate fails to rule within 30 days of service, the motion is automatically granted and you can seek reassignment.10The Florida Bar. Proposed Amendments to Rule of General Practice and Judicial Administration 2.330 – Disqualification of Trial Judges
General Magistrate vs. Special Magistrate
Florida also uses special magistrates, and the two are easy to confuse. A general magistrate is a standing appointment who handles referred cases on an ongoing basis across the circuit. A special magistrate is typically appointed for a specific matter or a narrower set of tasks. The main procedural difference is consent: special magistrates can preside over depositions and resolve certain objections without the parties’ agreement, while a general magistrate needs consent for referral. Both prepare reports and recommendations that go to the presiding judge for final action, and both follow the same exception and review process.