WHEREAS, many matters involving probate, guardianship, mental health, trusts, substance abuse and adult protective services are brought before the Probate, Guardianship and Trust Division of this court; and
WHEREAS, Unified Family Court proceedings include, but are not limited to, cases
involving support, alimony, custody, time-sharing, juvenile dependency, attorneys’ fees, and
substance abuse; and
WHEREAS, matters involving residential foreclosure of real property are brought before
the Civil Division of this court; and
WHEREAS, the cases set forth above comprise a substantial portion of this Circuit
Court’s workload, both as to the number of cases and the amount of judicial time connected with disposition of same; and
WHEREAS, the interests of the public and of the litigants require flexible and speedy
resolution of such matters; and
WHEREAS, Florida Statutes section 29.004 (2009) provides, for the purpose of implementing section 14, Article V, of the Florida Constitution, the appointment of “general magistrates, special magistrates and hearing officers”; and
WHEREAS, Florida Rules of Civil Procedure, Rule 1.490; Florida Rules of Civil Procedure, Rule 1.491; Florida Rules of Probate Procedure, Rule 5.095 and Rule 5.697; and Florida Rules of Family Procedure Rule 12. 490 and Rule 12.491 authorize the Chief Circuit Judge to appoint General Magistrates to preside over a myriad of pre-judgment, post-judgment, non-child support matters and child support establishment, enforcement and modification matters;
By the power vested in me under Florida Rule of Judicial Administration 2.215(b)(2), it
is therefore ORDERED:
Child Support Hearing Officer consistent with the Florida Family Law Rules of
Procedure, Rule 12.491, as well as a General Magistrate pursuant to a valid Order
of Referral in accordance with Rule 12.490.
referred to the General Magistrate for disposition.
disposition, then all matters connected therewith such as discovery, continuances,
etc, are to be heard solely by the General Magistrate,
action or motion;
dissolution of marriage and refers everything else;
issued by the Judge;
and issued by the Judge;
filing of reports in the manner set out in Florida Rule of Civil Procedure 1.490
and 1.491; Florida Rule of Probate Procedure 5.095 and Florida Family Law
Rule of Procedure 12.490. The General Magistrate shall retain authority to
correct any errors or omissions or both in the original report by filing a corrected
or amended general magistrate intends to correct or amend a report, the General
Magistrate will notify the parties or the attorneys within fifteen (15) days of
receipt of exceptions filed. Such reservation of authority by the General Magistrate does not restrict the jurisdiction of the circuit court to proceed on the previously filed exceptions, nor does the reservation of authority by the General Magistrate prevent a party from filing exceptions to the corrected or amended report.
(10) days from the date of the hearing. Any finding of contempt should be done
within three (3) days of the date of the hearing so an appropriate order may be
entered by the Circuit Judge. If a recommendation of incarceration is made, the
matter shall be brought instanter to the appropriate Circuit Judge.
This administrative order supersedes Administrative Order No. 2011-001.
DONE AND ORDERED in Chambers at Perry, County, Florida this 13th day of December, 2016.