Question 1

What is a magistrate in Florida?

Accepted Answer

A magistrate (formerly called a "special master" or "hearing officer") is a judicial officer appointed by a circuit court judge to assist with specific types of cases. In Florida, magistrates: conduct hearings and take evidence, make findings of fact and conclusions of law, and submit recommendations to the presiding judge (who makes the final decision). Magistrates handle matters including: family law (child support, custody, visitation), foreclosure (reviewing motions, conducting case management conferences), civil traffic infractions, and non-jury matters that the judge assigns. Under Florida Rule of General Practice and Judicial Administration 2.215, magistrates serve at the pleasure of the chief judge and exercise authority delegated by the appointing judge.

Question 2

What is the difference between a magistrate and a judge in Florida?

Accepted Answer

Key differences: a judge has full judicial authority (elected or appointed to the bench, confirmed by the Senate for federal courts). A magistrate has limited, delegated authority (appointed by a judge, exercises only the authority specifically assigned). A judge’s orders are final and binding. A magistrate’s recommendations must be reviewed and adopted by the presiding judge before becoming binding. Either party can file exceptions to a magistrate’s report (objecting to the findings or recommendations), which the judge must consider before ruling. In practice, judges frequently adopt magistrate recommendations, but the parties retain the right to challenge them.

Question 3

How are magistrate hearings conducted in Florida?

Accepted Answer

Hearing process: the magistrate schedules and conducts hearings in the assigned matter, the parties present evidence and testimony (the magistrate follows the same rules of evidence as a judge), the magistrate may rule on procedural and evidentiary matters during the hearing, after the hearing, the magistrate prepares a report and recommendation (detailing the findings of fact, conclusions of law, and recommended ruling), the report is filed with the court and served on the parties, the parties have 10 days to file exceptions (objections) to the report, and the presiding judge reviews the report, any exceptions, and enters a final order. If no exceptions are filed, the judge typically adopts the magistrate’s recommendations.

Magistrate

Magistrates in Florida Courts

Role and Authority

vs. Judge

Hearing Process

Related Terms

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