Fla. R. Juv. P. 8.257

(a) Appointment. Judges of the circuit court may appoint as

many general magistrates from among the members of The Florida

Bar in the circuit as the judges find necessary, and the general

magistrates shall continue in office until removed by the court. The

order of appointment must be recorded. Every person appointed as

a general magistrate must take the oath required of officers by the

Constitution and the oath must be recorded before the magistrate

discharges any duties of that office.

(b) Referral.

(1) Consent. No matter shall be heard by a general

magistrate without an appropriate order of referral 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specific referral, once given, cannot be withdrawn without good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 implied in accordance with the

requirements of this rule.

(2) Objection. A written objection to the referral to a

general magistrate must be filed within 10 days of the service of the

order of referral. If the time set for the hearing is less than 10 days

after service of the order of referral, the objection must be filed

before commencement of the hearing. Failure to file a written

objection within the applicable time period is deemed to be consent

to the order of referral.

(3) Order.

(A) The order of referral shall 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 MADE BEFORE THE HEARING.

FAILURE TO FILE A WRITTEN OBJECTION WITHIN

THE APPLICABLE TIME PERIOD IS DEEMED TO BE A

CONSENT TO THE REFERRAL.

REVIEW OF THE REPORT AND RECOMMENDATIONS

MADE BY THE GENERAL MAGISTRATE SHALL BE BY

EXCEPTIONS AS PROVIDED IN FLORIDA RULE OF

JUVENILE PROCEDURE 8.257(f). A RECORD, WHICH

INCLUDES A TRANSCRIPT OF PROCEEDINGS,

ELECTRONIC RECORDING OF PROCEEDINGS, OR

STIPULATION BY THE PARTIES OF THE EVIDENCE

CONSIDERED BY THE GENERAL MAGISTRATE AT

THE PROCEEDINGS, WILL BE REQUIRED TO

SUPPORT THE EXCEPTIONS.

(B) The order of referral must state with specificity

the matter or matters being referred. The order of referral must also

state whether electronic recording or a court reporter is provided by

the court.

(4) Setting Hearing. When a referral 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

must 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. A general magistrate shall be empowered to administer

oaths and conduct hearings, which may include the taking of

evidence. All grounds for disqualification of a judge shall 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

referral 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 of the

adjournment to the absent party. The general magistrate must

proceed with reasonable diligence in every referral and with the

least delay practicable. Any party may apply to the court for an

order to the general magistrate to speed the proceedings and to

make the report 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(g)(3) or by a court reporter. The parties may not waive this

requirement.

(3) The general magistrate shall have authority to

examine under oath the parties and all witnesses on all matters

contained in the referral, to require production of all books, papers,

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 shall have the same powers as a circuit judge to

use communication technology as defined and regulated by Florida

Rules of Juvenile Procedure 8.001 and 8.002.

(4) The notice or order setting a matter for hearing

must state whether electronic recording or a court reporter is

provided by the court. If the court provides electronic recording, the

notice must also state that any party may provide a court reporter

at that party’s expense, subject to the court’s approval.

(e) Report.

(1) The general magistrate must file a report that

includes findings of fact, conclusions of law, and recommendations

and serve copies on all parties. If a court reporter was present, the

report must contain the name and address of the reporter.

(2) The report and recommendations must contain the

following language in bold type:

SHOULD YOU WISH TO SEEK REVIEW OF THE

REPORT AND RECOMMENDATIONS MADE BY THE

GENERAL MAGISTRATE, YOU MUST FILE

EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF THE

REPORT AND RECOMMENDATIONS IN ACCORDANCE

WITH FLORIDA RULE OF JUVENILE PROCEDURE

8.257(f). YOU WILL BE REQUIRED TO PROVIDE THE

COURT WITH A RECORD SUFFICIENT TO SUPPORT

YOUR EXCEPTIONS WITHIN 10 DAYS OF SERVICE OF

THE REPORT AND RECOMMENDATIONS OR YOUR

EXCEPTIONS WILL BE DENIED. A RECORD

ORDINARILY INCLUDES A TRANSCRIPT OF

PROCEEDINGS, ELECTRONIC RECORDING OF

PROCEEDINGS, OR STIPULATION BY THE PARTIES

OF THE EVIDENCE CONSIDERED BY THE GENERAL

MAGISTRATE AT THE PROCEEDINGS. THE PERSON

SEEKING REVIEW MUST HAVE THE TRANSCRIPT

PREPARED FOR THE COURT’S REVIEW.

(f) Exceptions. 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. However, 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.

(1) For the purpose of the hearing on exceptions, a

record, substantially in conformity with this rule, must be provided

to the court by the party seeking review. The record shall consist of:

(A) the court file;

(B) all depositions and evidence presented to the

general magistrate; and

(C) the transcript of the proceedings, electronic

recording of the proceedings, or stipulation by the parties of the

evidence considered by the general magistrate at the proceedings.

(2) The transcript of the proceedings, electronic

recording of the proceedings, or stipulation by the parties of the

evidence considered by the general magistrate at the 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.

(3) If less than a full transcript or electronic recording

of the proceedings taken before the general magistrate is ordered

prepared by the excepting party, that party must promptly file a

notice setting forth the portions of the transcript or electronic

recording that have been ordered. The responding party must be

permitted to designate any additional portions of the transcript or

electronic recording necessary to the adjudication of the issues

raised in the exceptions or cross-exceptions.

(4) The cost of the original and all copies of the

transcript or electronic recording of the proceedings shall be borne

initially by the party seeking review. Should any portion of the

transcript or electronic recording be required as a result of a

designation filed by the responding party, the party making the

designation shall bear the initial cost of the additional transcript or

electronic recording.

(h) Prohibition on Magistrate Presiding over Certain

Hearings. Notwithstanding the provisions of this rule, a general

magistrate must not preside over a shelter hearing under section

39.402, Florida Statutes, an adjudicatory hearing under section

39.507, Florida Statutes, or an adjudicatory hearing under section

39.809, Florida Statutes.