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 
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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 timesharing 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 
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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 
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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-FamilyCourts/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.
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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
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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.
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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 
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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 
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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.
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(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 
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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 crossexceptionsmotion 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 
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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 
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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]
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)

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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)

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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 (email) 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)

-16-

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.
Florida Family Law Rules of Procedure Form 12.920(a), Motion for Referral to General Magistrate (04/22)

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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)

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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(b), Order of Referral to General Magistrate (04/22)

-19-

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)

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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(c), Notice of Hearing Before General Magistrate (04/22)

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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)

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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)

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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} __________________.