Fla. R. Civ. P. 1.490

Magistrates

sha256 9618a07bf87ed5ad8f8459f99c4ecc3c… · retrieved 7/11/2026, 11:08:29 AM · The Florida Bar consolidated ed. eff. 04-01-2026 · verified 7/11/2026 by founder-directive-2026-07-11

RULE 1.490. 	MAGISTRATES
(a) 	General Magistrates. Judges of the circuit court may
appoint as many general magistrates from among the members of
the Bar in the circuit as the judges find necessary, and the general
magistrates shall continue in office until removed by the court. The
order making an appointment shall be recorded. Every person
appointed as a general magistrate shall take the oath required of
officers by the Constitution and the oath shall be recorded before
the magistrate discharges any duties of that office.
(b) 	Special Magistrates. The court may appoint members of
The Florida Bar as special magistrates for any particular service
required by the court, and they shall be governed by all the
provisions of law and rules relating to magistrates except they shall
not be required to make oath or give bond unless specifically
required by the order appointing them. Upon a showing that the
appointment is advisable, a person other than a member of the Bar
may be appointed.
(c) 	Reference. No reference shall be to a magistrate, either
general or special, without the consent of the parties.

When a reference is made to a magistrate, either party may set the
action for hearing before the magistrate.
(d) 	General Powers and Duties. Every magistrate shall
perform all of the duties that pertain to the office according to the
practice in chancery and under the direction of the court. Process
issued by a magistrate shall be directed as provided by law.
Hearings before any magistrate, examiner, or commissioner 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 of disqualification of a judge shall apply to magistrates.
Magistrates shall not practice law of the same case type in the court
or circuit the magistrate is appointed to serve.
(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 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 magistrate.
(f) 	Notice of Hearings. The 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. The notice
or order setting a matter for hearing before the magistrate must
state if electronic recording or a court reporter will be used to create
a record of the proceedings. 	If electronic recording is to be used,
the notice must state that any party may have a court reporter
transcribe the record of the proceedings at that party’s expense. If
any party fails to appear, the magistrate may proceed ex parte or
may adjourn the proceeding to a future day, giving notice to the
absent party of the adjournment.
(g) 	Hearings. The magistrate shall proceed with reasonable
diligence in every reference and with the least practicable delay. Any
party may apply to the court for an order to the magistrate to speed
the proceedings and to make the report and to certify to the court
the reason for any delay. The evidence shall be taken 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 shall have authority to examine
on oath the parties and all witnesses produced by the parties on all
matters contained in the reference and to require production of all
books, papers, writings, vouchers, and other documents applicable
to the referenced matters. The magistrate shall admit evidence by
deposition or that is otherwise admissible in court. The magistrate
may take all actions concerning evidence that can be taken by the
court and in the same manner. 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.
(h) 	Magistrate’s Report. The magistrate must file the report
on the referenced matters and serve copies on all parties, and
include the name and address of any court reporter who
transcribed the proceedings. The magistrate’s report must contain
the following language in bold type:
IF YOU WISH TO SEEK REVIEW OF THE REPORT AND
RECOMMENDATIONS MADE BY THE MAGISTRATE,
YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH
FLORIDA RULE OF CIVIL PROCEDURE 1.490(i). YOU
WILL BE REQUIRED TO PROVIDE THE COURT WITH A
RECORD SUFFICIENT TO SUPPORT YOUR EXCEPTIONS
OR YOUR EXCEPTIONS 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.
(i) 	Filing Report; Notice; Exceptions. The parties may file
exceptions to the report within 10 days after it is served. Any party
may file cross-exceptions within 5 days from the service of the
exceptions. If no exceptions are timely filed the court shall take

appropriate action on the report. If exceptions are timely filed, the
court shall resolve the exceptions at a hearing on reasonable notice.
The filing of cross-exceptions shall not delay a hearing on the
exceptions and cross-exceptions unless good cause is shown.
(j) 	Record. A party filing exceptions to the magistrate’s
report must provide the court in advance of the hearing a record
sufficient to support that party’s exceptions.
(1) 	The record shall include the court file, designated
portions of the transcript of proceedings before the magistrate, and
all depositions and evidence presented to the magistrate. The
designated transcript portions must be delivered to the court and
all other parties at least 48 hours before the hearing.
(2) 	If the party filing exceptions has the court reporter
prepare less than a full transcript of proceedings before the
magistrate, that party must promptly file a notice designating the
portions of the transcript that have been ordered. The other parties
must be given reasonable time after service of the notice to arrange
for the preparation and designation of other portions of the
transcript for the court to consider at the hearing.
Committee Notes
1971 Amendment. The entire rule has been revised. Obsolete
language has been omitted and changes made to meet objections
shown by the use of local rules in many circuits. Subdivisions (a)
and (b) are not substantially changed. Subdivision (c) is shortened
and eliminates the useless priority for setting the matter for hearing
to permit either party to go forward. Subdivision (d) eliminates the
right of the parties to stipulate to the place of hearing. Subdivision
(e) is not substantially changed. Subdivisions (f), (g), (h), and (i) are
combined. The right to use affidavits is eliminated because of the
unavailability of cross-examination and possible constitutional
questions. The vague general authority of the magistrate under
subdivision (g) is made specific by limiting it to actions that the
court could take. Subdivision (j) is repealed because it is covered in
the new subdivision (f). Subdivision (g) is the same as former

subdivision (k) after eliminating the reference to affidavits.
Subdivision (h) is the same as former subdivision (l).
1980 Amendment. Subdivision (d) is amended to delete the
specific reference to the direction of process so that process issued
by the master will be governed by the law applicable to process
generally.
Court Commentary
1984 Amendment. The consent of all parties is required for
any reference to a special master. Special masters may be used as
provided by statute even with the rule change. See Slatcoff v. Dezen,
74 So. 2d 59 (Fla. 1954).

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