In Re: Amendments to Florida Family Law Rules of Procedure 12.490 and 12.491, and Forms 12.920(a)-(c) ( 2022 )

Supreme Court of Florida
____________
No. SC21-1171
____________
IN RE: AMENDMENTS TO FLORIDA FAMILY LAW RULES OF
PROCEDURE 12.490 AND 12.491, AND FORMS 12.920(A)-(C).
March 24, 2022
PER CURIAM.
This matter is before the Court for consideration of proposed
amendments to Florida Family Law Rules of Procedure 12.490 and
12.491, and Forms 12.920(a)-(c). See Fla. R. Gen. Prac. & Jud.
Admin. 2.140(b)(1). We have jurisdiction. See art. V, § 2(a), Fla.
Const.
The Florida Bar’s Family Law Rules Committee (Committee)
filed a report proposing amendments to Florida Family Law Rules of
Procedure (rules) 12.490 (General Magistrates) and 12.491 (Child
Support Enforcement), and Forms (forms) 12.920(a) (Motion for
Referral to General Magistrate), 12.920(b) (Order of Referral to
General Magistrate), and 12.920(c) (Notice of Hearing Before
General Magistrate). The Committee’s proposed amendments would
align the process for hearings in front of general magistrates under
rule 12.490 with the process for hearings in front of child support
hearing officers under rule 12.491. Additionally, the proposed
amendments would update the forms accompanying rule 12.490,
forms 12.920(a)-(c). Currently, under rule 12.490, parties can seek
review of the report and recommendations of a general magistrate
by filing exceptions. However, under rule 12.491, the parties seek
review of the decision of a child support enforcement officer by filing
a motion to vacate. Because section 409.25633, Florida Statutes
(2021), now allows child support enforcement officers to enter time-
sharing orders, the differentiation between general magistrates and
child support enforcement officers is less distinct, allowing for the
alignment of the rules. Further, as the Committee explains,
aligning the rules will allow cases to proceed more efficiently, ease
the workload of circuit judges, and eliminate confusion among
practitioners and litigants.
The Committee and the Board of Governors of The Florida Bar
approved the proposed amendments. The Committee published the
proposals for comment prior to filing them with the Court and
received four comments, which prompted the Committee to revise
-2-
its proposals. The Committee published the revised proposals for
comment but received none. After the Committee filed its report,
the Court published the proposals for comment. Two comments
were received in support of the proposed amendments, and the
Committee filed a response, which contained an additional
comment it received.
Having considered the proposed amendments, the comments,
and the Committee’s response, the Court hereby amends rules
12.490 and 12.491, and forms 12.920(a)-(c) as proposed by the
Committee. The more significant amendments are discussed below.
First, in rule 12.490, subdivision (e) is retitled “Entry of Order
and Relief from Order” and the entire subdivision is revised to
provide that a general magistrate submits a recommended order to
the court, who then must enter the order unless it is facially or
legally deficient. A party may then file a motion to vacate to seek
review of the order. Current subdivision (f) is deleted, and current
subdivision (g) (Record), is relettered accordingly.
Next, forms 12.920(a)-(c), which correspond with rule 12.490,
are updated to reflect the amendments to the rule. Additionally,
language is added to the forms’ instructions to explain the
-3-
requirements for electronic filing and service. Language is also
added to form 12.920(c) to explain that the ability of the party to
pay is a critical issue in contempt proceedings.
Last, throughout the rules and forms, references to the Rules
of Judicial Administration are amended to reflect the updated
name, the Rules of General Practice and Judicial Administration.
See In re Amends. to Fla. Rules of Jud. Admin.—2020 Regular-Cycle
Report, 310 So. 3d 374 (Fla. 2021).
Accordingly, rules 12.490 and 12.491, and forms 12.920(a)-(c)
are hereby amended as set forth in the appendix to this opinion.
New language is indicated by underscoring, and deletions are
indicated by struck-through type. The forms are fully engrossed
and ready for use. The forms may also be accessed and
downloaded from the Florida State Courts’ website at
https://www.flcourts.org/Resources-Services/Office-of-Family-
Courts/Family-Courts/Family-Law-Forms. The amendments shall
become effective April 1, 2022, at 12:01 a.m.
It is so ordered.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ,
COURIEL, and GROSSHANS, JJ., concur.
-4-
THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER
THE EFFECTIVE DATE OF THESE AMENDMENTS.
Original Proceeding – Florida Family Law Rules of Procedure
Ashley Elizabeth Taylor, Chair, Family Law Rules Committee,
Tampa, Florida, Joshua E. Doyle, Executive Director, and Mikalla
Andies Davis, Staff Liaison, The Florida Bar, Tallahassee, Florida,
for Petitioner
Heather L. Apicella, Chair, Family Law Section of The Florida Bar,
Boca Raton, Florida, Kristin R.H. Kirkner, Co-Chair, Rules and
Forms Committee, Family Law Section of The Florida Bar, Tampa,
Florida, and Jack A. Moring, Co-Chair, Rules and Forms
Committee, Family Law Section of The Florida Bar, Crystal River,
Florida; and Carlos Fernandez, Chair, Association of Florida
Magistrates and Hearing Officers, Miami, Florida, Keith M. Schenck,
Chair-Elect, Association of Florida Magistrates and Hearing
Officers, Iverness, Florida, Lisa Smith Bedwell, Secretary,
Association of Florida Magistrates and Hearing Officers, Orlando,
Florida, Maxine A.M. Williams, Immediate Past Chair, Association of
Florida Magistrates and Hearing Officers, West Palm Beach, Florida,
and Diane M. Kirigin, Former Chair, Association of Florida
Magistrates and Hearing Officers, Palm Beach Gardens, Florida,
Responding with comments
-5-
APPENDIX
RULE 12.490. GENERAL MAGISTRATES
(a) [No Change]
(b) ReferenceReferral.
(1) No matter shall be heard by a general magistrate
without an appropriate order of referencereferral 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)-(D) [No Change]
(2) The order of referral shallmust be in substantial
conformity with Florida Family Law Rules of Procedure Form
12.920(b), and shallmust 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
MADEFILED 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.
-6-
REVIEW OF THE REPORT AND
RECOMMENDATIONSRECOMMENDED ORDER MADE BY
THE GENERAL MAGISTRATE SHALLMUST BE BY
EXCEPTIONSA MOTION TO VACATE AS PROVIDED IN
RULE 12.490(fe), FLA. FAM. L. R. P.FLORIDA FAMILY LAW
RULES OF PROCEDURE. A RECORD, WHICH INCLUDES A
TRANSCRIPT OF PROCEEDINGS, MAY BEIS REQUIRED TO
SUPPORT THE EXCEPTIONSMOTION TO VACATE, UNLESS
WAIVED BY ORDER OF THE COURT PRIOR TO ANY
HEARING ON THE MOTION TO VACATE.
(3) [No Change]
(4) When a referencereferral 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
shallmust 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
referencereferral 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
referencereferral and with the least delay practicable. Any party
may apply to the court for an order to the general magistrate to
-7-
speed the proceedings and to make the reportrecommended order
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(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 referencereferral, 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 REPORT
AND RECOMMENDATIONRECOMMENDED ORDER MADE
BY THE GENERAL MAGISTRATE, YOU MUST FILE
EXCEPTIONSA MOTION TO VACATE IN ACCORDANCE
WITH RULE 12.490(fe), FLA. FAM. L. R. P.FLORIDA
FAMILY LAW RULES OF PROCEDURE. YOU WILL BE
REQUIRED TO PROVIDE THE COURT WITH A RECORD
SUFFICIENT TO SUPPORT YOUR EXCEPTIONS OR YOUR
EXCEPTIONSMOTION 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
-8-
SEEKING REVIEW MUST HAVE THE TRANSCRIPT
PREPARED IF NECESSARY FOR THE COURT’S REVIEW.
(5) [No Change]
(e) General Magistrate’s Report. The general magistrate
must file a report that includes findings of fact and conclusions of
law, together with recommendations. If a court reporter was
present, the report must contain the name and address of the
reporter.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) Upon 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 recommended order may move to vacate the
recommended order by filing a motion to vacate within 10 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 shall 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. Thereafter, the judge must enter an order
rendering a ruling no later than 30 days after the hearing on the
motion to vacate.
-9-
(5) The party seeking review shall 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 in conformity herewith
may result in a denial of the motion to vacate.
(6) A timely filed motion to vacate stays the
enforcement of the recommended 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) Filing Report; Notice; Exceptions. The general
magistrate must file the report and recommendations and serve
copies on all parties. 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, provided, however, that 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. For the purpose of the hearing on exceptionsa
motion to vacate, a record, substantially in conformity with this
rule, must be provided to the court by the party seeking review if
necessary 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 and all depositions and evidence presented
to 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,T 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 on
exceptions. If less than a full transcript of the proceedings taken
before the general magistrate is ordered preparedfurnished by the
exceptingmoving party, that party must promptly file a notice
-10-
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 exceptionsmotion to vacate or cross-
exceptionsmotion to vacate.
(3) [No Change]
Commentary
[No Change]
Committee Notes
[No Change]
RULE 12.491. CHILD SUPPORT ENFORCEMENT
(a) [No Change]
(b) Scope. This rule shall apply to proceedings for:
(1)-(2) [No Change]
(c) [No Change]
(d) ReferralAssignment. Upon the filing of a cause of action
or other proceeding for the establishment, enforcement, or
modification of support to which this rule applies, the court or clerk
of the circuit court shall referassign such proceedings to a support
enforcement hearing officer, pursuant to procedures to be
established by administrative order of the chief judge.
(e) General Powers and Duties. The support enforcement
hearing officer shall be empowered to issue process, administer
oaths, require the production of documents, and conduct hearings
for the purpose of taking evidence. A support enforcement hearing
officer does not have the authority to hear contested paternity
-11-
cases. All grounds for disqualification of a judge apply to support
enforcement hearing officers. Upon the receipt of a support
proceeding, the support enforcement hearing officer shall:
(1) assigndesignate a time and place for an appropriate
hearing and give notice to each of the parties as may be required by
law;
(A) The notice or order setting the cause for
hearing shallmust contain the following language in bold type:
SHOULD YOU WISH TO SEEK REVIEW OF THE
ORDER UPON THE RECOMMENDATIONS OF THE
CHILD SUPPORT ENFORCEMENT HEARING
OFFICER, YOU MUST FILE A MOTION TO
VACATE WITHIN 10 DAYS FROM THE DATE OF
ENTRY OF THE ORDER IN ACCORDANCE WITH
FLORIDA FAMILY LAW RULE OF PROCEDURE
12.491(f). YOU WILL BE REQUIRED TO PROVIDE
THE COURT WITH A RECORD SUFFICIENT TO
SUPPORT YOUR POSITION OR YOUR MOTION
WILL BE DENIED. A RECORD ORDINARILY
INCLUDES A WRITTEN TRANSCRIPT OF ALL
RELEVANT PROCEEDINGS. THE PERSON
SEEKING REVIEW MUST HAVE THE
TRANSCRIPT PREPARED IF NECESSARY FOR
THE COURT’S REVIEW.
(B) [No Change]
(2) take testimony and establish a record, which record
may be by electronic means as provided by Florida Rule of General
Practice and Judicial Administration 2.535(h);
(3)-(4) [No Change]
(f) Entry of Order and Relief from Order. Upon receipt of a
recommended order, the court shall review the recommended order
and shall enter an order promptly unless good cause appears to
amend the order, conduct further proceedings, or referreassign the
-12-
matter back to the hearing officer to conduct further proceedings. If
a court reporter was present, the recommended order shall contain
the name and address of the reporter. If the hearing was recorded
and the litigant did not utilize a court reporter, the order shall
contain information as to how a litigant can obtain a copy of the
recording. Any party affected by the order may move to vacate the
order by filing a motion to vacate within 10 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 shall not delay the hearing on the motion to
vacate unless good cause is shown. A motion to vacate the order
shall be heard within 10 days after the movant applies for hearing
on the motion.
(g)-(h) [No change]
Commentary
[No change]
Committee Note
[No Change]
-13-
INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE
FORMS 12.920(a), MOTION FOR REFERRAL TO GENERAL MAGISTRATE,
12.920(b), ORDER OF REFERRAL TO GENERAL MAGISTRATE, and
12.920(c), NOTICE OF HEARING BEFORE GENERAL MAGISTRATE
(04/22)
When should these forms be used?
A general magistrate is an attorney appointed by a judge to take testimony and recommend orders on
certain matters connected with a divorce. These recommended orders are then reviewed and entered
by the judge unless contrary to the law or the facts of the case. The primary purposes of having general
magistrates hear family law matters are to reduce the costs of litigation and to speed up cases. Either
party may request that their case, or portions of their case, be heard by a general magistrate by filing
Motion for Referral to General Magistrate, Florida Family Law Rules of Procedure Form 12.920(a). You
must also prepare an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure
Form 12.920(b), to submit to the judge assigned to your case.
Many times, the court, either on its own motion or under current administrative orders of the court,
may refer your case to a general magistrate. Even in those instances, you may be required to prepare
and submit an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form
12.920(b), to the judge.
Once a general magistrate has been appointed to your case, the general magistrate will assign a time
and place for a hearing as soon as reasonably possible after the referral is made. The general magistrate
will give notice of that hearing to each of the parties directly or will direct a party or attorney in the case
to file and serve a notice of hearing on the other party. If you are asked to send the notice of hearing,
you will need to use the form entitled Notice of Hearing Before General Magistrate, Florida Family Law
Rules of Procedure Form 12.920(c). Regardless of who prepares the notice of hearing, the moving party
(the one who requested referral to the general magistrate) is required to have the notice properly
served on the other party.
These forms should be typed or printed in black ink. After completing this form, you should file these
documents with the clerk of the circuit court in the county where your case is filed and keep a copy for
your records.
IMPORTANT INFORMATION REGARDING E-FILING
THIS LANGUAGE APPLIES ONLY TO FLORIDA FAMILIY LAW RULES OF PROCEDURE FORMS 12.920(a)
and 12.920(c) BUT DOES NOT APPLY TO FLORIDA FAMILY LAW RULE OF PROCEDURE FORM 12.920(b).
The Florida Rules of General Practice and Judicial Administration now require that all petitions,
pleadings, and documents be filed electronically except in certain circumstances. Self-represented
Instructions for Florida Family Law Rules of Procedure Forms 12.920(a), Motion for Referral to General Magistrate,
12.920(b), Order of Referral to General Magistrate, and 12.920(c), Notice of Hearing Before General Magistrate
(04/22)
-14-
litigants may file petitions or other pleadings or documents electronically, however, they are not
required to do so. If you choose to file your pleadings or other documents electronically, you must do so
in accordance with Florida Rule of General Practice and Judicial Administration 2.525, and you must
follow the procedures of the judicial circuit in which you file. The rules and procedures should be
carefully read and followed.
The copy you are providing to the other party must be either mailed, e-mailed, or hand-delivered to the
opposing party or his or her attorney on the same day indicated on the certificate of service. If it is
mailed, it must be postmarked on the date indicated in the certificate of service.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified
process server, the Florida Rules of General Practice and Judicial Administration now require that all
documents required or permitted to be served on the other party must be served by electronic mail (e-
mail) except in certain circumstances. You must strictly comply with the format requirements set forth
in the Rules of General Practice and Judicial Administration. If you elect to participate in electronic
service, which means serving or receiving pleadings by e-mail, or through the Florida Courts E-Filing
Portal, you must review Florida Rule of General Practice and Judicial Administration 2.516. You may find
this rule at www.flcourts.org through the link to Rules of General Practice and Judicial Administration
provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL, HOWEVER THEY ARE NOT
REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the
procedures must always be followed once the initial election is made.
To serve and receive documents by e-mail, you must designate your e-mail address by using the
Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form
12.915, and you must provide your e-mail address on each form on which your signature appears.
Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme
Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida
Supreme Court Approved Family Law Form 12.915; and Florida Rule of General Practice and Judicial
Administration 2.516.
What should I do next?
If you are filing a Motion for Referral to General Magistrate, Florida Family Law Rules of Procedure
Form 12.920(a), you need to send or deliver your motion directly to the judge assigned to your case,
along with an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form
12.920(b), and an addressed, stamped envelope for each party in the case. The judge will then either
grant or deny the motion, usually without a hearing.
Instructions for Florida Family Law Rules of Procedure Forms 12.920(a), Motion for Referral to General Magistrate,
12.920(b), Order of Referral to General Magistrate, and 12.920(c), Notice of Hearing Before General Magistrate
(04/22)
-15-
If you are required to submit an Order of Referral to General Magistrate, Florida Family Law Rules of
Procedure Form 12.920(b), to the judge assigned to your case, you will need to send or deliver the order
directly to the judge, along with addressed, stamped envelopes for each party in the case.
The party who prepares any of these forms must file this document with the clerk of the circuit court. A
copy of the motion must be served on any other party in your case. Service must be in accordance with
Florida Rule of General Practice and Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, you should read General Information for Self-Represented Litigants found at the
beginning of these forms. The words that are in bold underline in these instructions are defined there.
For further information, see Florida Family Law Rule of Procedure 12.490.
Special notes...
IMPORTANT: After the judge refers your case to a general magistrate, either party (including the party
who was required to prepare and submit the Order of Referral) may object to the referral within 10
days of the date that the referral is made (if the Order of Referral is served by mail, the parties have
an additional 5 days within which to object to the referral). Every litigant is entitled to have his or her
case heard by a judge. However, before you decide to object to an Order of Referral to General
Magistrate, you should consider the potential extra costs and time delays that may result from having a
judge hear your case instead of a general magistrate. You may want to speak with an attorney in your
area who can assist you in making a more informed decision regarding whether you should file an
objection to an Order of Referral to General Magistrate.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out
these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules
of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms
also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Instructions for Florida Family Law Rules of Procedure Forms 12.920(a), Motion for Referral to General Magistrate,
12.920(b), Order of Referral to General Magistrate, and 12.920(c), Notice of Hearing Before General Magistrate
(04/22)
-16-
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
Division: ________________________
_________________________________,
Petitioner,
and
_________________________________,
Respondent.
MOTION FOR REFERRAL TO GENERAL MAGISTRATE
I, {full legal name} , request that the Court enter an order
referring this case to a general magistrate. The case should be referred to a general magistrate on the
following issues: {explain}
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
I certify that a copy of this document was [check all used]: ( ) emailed ( ) mailed ( ) faxed
( ) hand delivered to the person(s) listed below on {date} ____________________________.
Other party or his/her attorney:
Name: ____________________________
Address: __________________________
City, State, Zip: _____________________
Telephone Number: _________________
Fax Number: _______________________
Email Address(es):___________________
__________________________________
Signature of Party or his/her attorney:
Printed Name: ______________________
Address:___________________________
City, State, Zip:______________________
Florida Family Law Rules of Procedure Form 12.920(a), Motion for Referral to General Magistrate (04/22)
-17-
Telephone Number:__________________
Fax Number:________________________
Email Address(es):___________________
Florida Bar Number:______________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent
This form was completed with the assistance of:
{name of individual}___________________________________________________________________,
{name of business} ____________________________________________________________________,
{address} ___________________________________________________,
{city} _____________________,{state} _________, {telephone number} __________________.
Florida Family Law Rules of Procedure Form 12.920(a), Motion for Referral to General Magistrate (04/22)
-18-
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
Division:
________________________
_________________________________,
Petitioner,
and
_________________________________,
Respondent.
ORDER OF REFERRAL TO GENERAL MAGISTRATE
THIS CASE IS REFERRED TO THE GENERAL MAGISTRATE on the following issues:
1. __________________________________________________________________________________
2. __________________________________________________________________________________
3. __________________________________________________________________________________
4. __________________________________________________________________________________
AND ANY OTHER MATTER RELATED THERETO.
IT IS FURTHER ORDERED that the above issues are referred to General Magistrate
{name} ______________________________________________________________________________ ,
for further proceedings, under rule 12.490 of the Florida Family Law Rules of Procedure and current
administrative orders of the Court. Financial Affidavits, Florida Family Law Rules of Procedure Form
12.902(b) or (c), shall be filed in accordance with Florida Family Law Rule of Procedure 12.285. The
General Magistrate is authorized to administer oaths and conduct hearings, which may include taking of
evidence, and shall file a recommended order that contains findings of fact, conclusions of law, and the
name of the court reporter, if any.
The General Magistrate shall assign a time for the proceedings as soon as reasonably possible after this
referral is made and shall give notice to each of the parties either directly or by directing counsel or a
party to file and serve a notice of hearing.
Counties within the State of Florida may have different rules. Please consult the (…..) Clerk of the Court
(…..) Family Law Intake Staff (…..) other __________________________________________ relating to
this procedure.
A REFERRAL TO A GENERAL MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE
ENTITLED TO HAVE THIS MATTER HEARD BY 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
Florida Family Law Rules of Procedure Form 12.920(b), Order of Referral to General Magistrate (04/22)
-19-
THAN 10 DAYS AFTER 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.
If either party files a timely objection, this matter shall be returned to the undersigned judge with a
notice stating the amount of time needed for hearing.
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 INCLUDES A TRANSCRIPT, IS REQUIRED TO SUPPORT THE MOTION TO VACATE,
UNLESS WAIVED BY ORDER OF THE COURT PRIOR TO ANY HEARING ON THE MOTION TO VACATE.
YOU ARE ADVISED THAT IN THIS CIRCUIT:
a. ______electronic recording is provided by the court. A party may provide a court
reporter at that party’s expense.
b.______ a court reporter is provided by the court.
c. ______ no electronic recording is provided by the court and the court does not
provide a court reporter. A party may provide a court reporter at that party’s expense.
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.
ORDERED on ___________________________.
___________________________________________
CIRCUIT JUDGE
COPIES TO:
Petitioner (or his or her attorney)
Respondent (or his or her attorney
)General Magistrate
Florida Family Law Rules of Procedure Form 12.920(b), Order of Referral to General Magistrate (04/22)
-20-
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
Division: ________________________
_________________________________,
Petitioner,
and
_________________________________,
Respondent.
NOTICE OF HEARING BEFORE GENERAL MAGISTRATE
[fill in all blanks]
TO: _________________________________________________________
There will be a hearing before General Magistrate {name of general magistrate}___________________,
on {date} __________, at {time} ____ m., in Room _________ of the ____________________________
Courthouse, on the following issues: _______________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_______hour(s)/ _____ minutes have been reserved for this hearing.
PLEASE GOVERN YOURSELF ACCORDINGLY.
If the matter before the General Magistrate is a Motion for Civil Contempt/Enforcement, FAILURE TO
APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR
YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A
HEARING IS HELD.
IF THIS IS A CONTEMPT PROCEEDING:
YOUR ABILITY TO PAY IS A CRITICAL ISSUE IN A CONTEMPT PROCEEDING;
YOU ARE STRONGLY URGED TO PREPARE AND FILE A FAMILY LAW FINANCIAL AFFIDAVIT PRIOR TO
THE HEARING IN ORDER FOR THE COURT TO BE ABLE TO ELICIT RELEVANT FINANCIAL INFORMATION
FROM YOU; YOU WILL BE PROVIDED AN OPPORTUNITY AT THE HEARING TO RESPOND TO
STATEMENTS AND QUESTIONS ABOUT YOUR FINANCIAL STATUS; AND
TO BE HELD IN CONTEMPT, THE COURT MUST MAKE AN EXPRESS FINDING THAT YOU HAVE THE
ABILITY TO PAY.
Florida Family Law Rules of Procedure Form 12.920(c), Notice of Hearing Before General Magistrate (04/22)
-21-
PLEASE GOVERN YOURSELF ACCORDINGLY.
This part to be filled out by the court or filled in with information you have obtained from the court:
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no cost to you, to the
provision of certain assistance. Please contact:
{identify applicable court personnel by name, address, and telephone number}
at least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
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.
YOU ARE HEREBY ADVISED THAT IN THIS CIRCUIT:
a. ______electronic recording is provided by the court. A party may provide a court
reporter at that party’s expense.
b.______ a court reporter is provided by the court.
c. ______ no electronic recording is provided by the court and the court does not
provide a court reporter. A party may provide a court reporter at that party’s expense.
If you are represented by an attorney or plan to retain an attorney for this matter you should notify
the attorney of this hearing.
If this matter is resolved, the moving party shall contact the General Magistrate’s Office to cancel
this hearing.
I certify that a copy of this document was [check one only]: ( ) mailed ( ) faxed and mailed
( ) hand delivered to the person(s) listed below on {date} ___________________.
Florida Family Law Rules of Procedure Form 12.920(c), Notice of Hearing Before General Magistrate (04/22)
-22-
Other party or his/her attorney:
Name: _______________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Telephone Number: _____________________________
Fax Number: ___________________________________
Email Address(es):_______________________________
____________________________________________
Signature of Party or his/her Attorney
Printed Name: ________________________________
Address:_____________________________________
City, State, Zip:________________________________
Telephone Number:___________________________
Fax Number:_________________________________
Email Address(es):_____________________________
Florida Bar Number:___________________________
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent
This form was completed with the assistance of:
{name of individual}___________________________________________________________________,
{name of business} ____________________________________________________________________,
{address} ___________________________________________________,
{city} _____________________,{state} _________, {telephone number} __________________.
Florida Family Law Rules of Procedure Form 12.920(c), Notice of Hearing Before General Magistrate (04/22)
-23-