RULE 5.095. GENERAL AND SPECIAL MAGISTRATES

(a) General Magistrates. The court may appoint general
magistrates as the court finds necessary. General magistrates shall
be members of The Florida Bar and shall continue in office until
removed by the court. The order making an appointment shall be
recorded. Each general magistrate shall take the oath required of
officers by the Florida Constitution. The oath shall be recorded
before the magistrate begins to act.

(b) Special Magistrates. 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 make 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) Reference. No referral shall be made to a magistrate
without the consent of the parties. When a referral is made to a
magistrate, either party may set the action for hearing before the
magistrate.
(d) 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.

(e) Bond. When not otherwise provided by law, the court
may require magistrates who are appointed to dispose of real or
personal property to give bond and surety conditioned for the
proper payment of all money that may come into their hands and
for the due performance of their duties. 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 magistrate.

(f) 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. The magistrate shall assign a time and place for
proceedings as soon as reasonably possible after a referral is made
and give notice 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 contained in the referral 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. All parties accounting before a 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 magistrate directs. All depositions and documents that have
been taken or used previously in the action may be used before the
magistrate.

(g) Magistrate’s Report. The magistrate’s report shall
contain a description of the matters considered and the magistrate’s
conclusion and any recommendations. No part of any statement of
facts, account, charge, deposition, examination, or answer used
before the magistrate shall be recited.

(h) Filing Report; Notice; Exceptions. The magistrate shall
file the report and serve copies on the parties. The parties may serve
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. All timely filed exceptions
shall be heard on reasonable notice by either party.

(i) Application of Rule. This rule shall not apply to the
appointment of magistrates for the specific purpose of reviewing
guardianship inventories, accountings, and plans as otherwise
governed by law and these rules.

Committee Notes

Rule History

2007 Revision: This rule, patterned after Florida Rule of Civil
Procedure 1.490, is created to implement the use of magistrates in
probate and guardianship proceedings other than those specifically
addressed in rule 5.697.

Rule References

Fla. Prob. R. 5.697 Magistrates’ review of guardianship
inventories, accountings, and plans.

Fla. R. Civ. P. 1.490 Magistrates.