Category: Court Process · Statute: Florida Rule of Civil Procedure 1.490 · Source: Florida Legislature
Understanding General Magistrate in Florida
In the Florida state court system, a General Magistrate is an attorney appointed by a chief judge to serve as a quasi-judicial officer. Magistrates assist circuit court judges by presiding over specific types of evidentiary hearings, swearing in witnesses, taking testimony, and reviewing evidence. While they perform duties similar to a judge, they do not possess independent judicial power under the Florida Constitution. Instead, after a hearing, a General Magistrate issues a "Report and Recommendations" containing findings of fact and legal conclusions, which must be formally approved and signed by a circuit court judge to become a binding, enforceable court order.
General Magistrates are most commonly utilized in family law, dependency, civil, and probate divisions to help manage heavy court dockets. Under Florida Rules of Civil Procedure and Family Law Rules of Procedure, a case can generally only be referred to a General Magistrate if both parties consent, or if they do not object within a strict timeframe after receiving a notice of referral. If a party disagrees with the magistrate's findings, they have a specific window—typically 15 days—to file formal exceptions, which triggers a review of the record and a hearing before the presiding circuit court judge.
How General Magistrates Impact Pretrial Release
While General Magistrates do not preside over criminal First Appearance hearings or set criminal bail, they directly impact pretrial release through family court enforcement. If an individual is arrested on a civil contempt warrant (a bodily attachment) for failing to pay court-ordered child support, they are often brought before a General Magistrate. The magistrate conducts a "purge hearing" to determine the individual's financial ability to pay. The magistrate then recommends whether the individual must pay a specific "purge amount" to secure their release from jail, or if the release terms should be modified, which the circuit judge must then finalize.