A circuit court judge must be an attorney for five years, in good standing with The Florida Bar, an elector (resident) of the circuit where he or she is to serve, and is usually elected by the public to serve a six year term. A circuit court judge may be re-elected.

Circuit court judges may be elected to an open seat or appointed by the Governor in circumstances when the judicial vacancy occurs on a date other than at the expiration of the current (retiring or resigning) judge’s term. When there is an election for an open seat, the judge is elected for a six year term. When there is an appointment by the Governor, the judge is up for re-election within the first two years after the appointment. During any such election referenced above, lawyers may run against the trial court judge. If the judge receives no opposition, then the judge commences a new six year term on the January following the election cycle.

Circuit Judges hear cases involving felony criminal offenses (which are punishable by fines and/or prison of at least 1 year and 1 day), matters involving the property of a person who has died (probate); guardianships; juvenile matters for those under age 18; civil cases where the amount claimed is more than $15,000; divorces; most actions involving real estate; and appeals from most county court decisions and from final orders of local government code enforcement boards. § 26.012, Fla. Stat.

A county court judge must be an attorney for five years (except if the population is less than 40,000 in that county) in good standing with The Florida Bar, an elector (resident) of the county where he or she is to serve, and is usually elected by the public to serve a six-year term. A county court judge may be re-elected.

County court judges may be elected to an open seat or appointed by the Governor in circumstances when the judicial vacancy occurs on a date other than at the expiration of the current (retiring or resigning) judge’s term. When there is an election for an open seat, the judge is elected for a six year term. When there is an appointment by the Governor, the judge is up for re-election within the first two years after the appointment. During any such election referenced above, lawyers may run against the trial court judge. If the judge receives no opposition, then the judge commences a new six year term on the January following the election cycle.

County Judges hear cases involving misdemeanor criminal offenses (which are punishable by fines and/or county jail up to one year), traffic offenses, and civil cases where the amount claimed is under $15,000. Disputes under $5,000 are handled in the small claims division of the county court. § 34.01, Fla. Stat.

All parties who will be appearing before a Hearing Officer are encouraged to familiarize themselves with Florida Family Law Rule of Procedure 12.490.

Hearing Officers are appointed to hear Family Division cases involving family support issues, as prescribed by Florida Family Law Rule of Procedure 12.491(c).

Cases that are heard by a Hearing Officer include the establishment, enforcement, and modification of child support, alimony connected to ongoing child support, and paternity issues. These cases may be Title IV-D (Department of Revenue/Child Support Enforcement) cases, or private cases with or without an attorney. There is no requirement for the Court to issue an Order of Referral for a case to be heard by the Hearing Officer. A party may not object to a Hearing Officer hearing a Title IV-D or non-Title IV-D child support case.

The Hearing Officer will sign a Recommended Order, which a Circuit Judge will promptly sign; there is no waiting period. If a party wishes to contest the Hearing Officer's findings, a Motion to Vacate must be filed within ten (10) days of the Circuit Judge entering the Order. The party filing the Motion to Vacate must obtain a copy of the digital recording of the hearing and have it transcribed by an approved court reporter or transcriptionist. The transcript must then be filed with the Court. The Court will set a hearing on the Motion to Vacate.

After the hearing on the Motion to Vacate, if the Circuit Judge determines that the motion is unfounded, the original Recommended Order will stand. If not, the Circuit Judge may enter his or her own Order based on the evidence or refer the case back to the Hearing Officer for rehearing.

Magistrates are appointed to hear Civil and Family Division cases, as well as Baker Act and Marchman Act proceedings. Many issues may be referred to a magistrate, including civil or family motions and trials, other than domestic violence and related injunctions. A Magistrate may hear child support issues without an Order of Referral to Magistrate, but all other matters to be heard by a Magistrate must first be referred to the Magistrate by a Circuit Judge.

All parties who will be appearing before a Magistrate are encouraged to familiarize themselves with Florida Rule of Civil Procedure 1.490 (civil cases) or Florida Family Law Rule of Procedure 12.490 (family cases).

The procedural rules for hearings before magistrates differ, depending on whether the matter is a civil matter or a family matter. The procedures for each are:

Civil Magistrates (referred to a magistrate pursuant to Fla. R. Civ. P. 1.490)

Magistrates hearing civil matters may hear any and all civil matters that may arise in Circuit Court, including (but not limited to) all pretrial matters, trials, and postjudgment proceedings.

If your case is referred to a Magistrate pursuant to Fla. R. Civ. P. 1490, and you do not wish to have a Magistrate hear your case, the procedure is as follows:

  • No matter may be referred to a Magistrate without consent of all parties.
  • If a party has an objection to the referral to the Magistrate, the objecting party should file their objection as soon as possible, but an objection may be made at any time before the hearing commences.
  • If an objection is timely, the case will be set before a Circuit Judge.

Once a Magistrate has heard the civil matter, he or she will enter the Report and Recommendations of Magistrate, which does not become an order of the Court until approved in writing by a Circuit Judge. If you wish to object to a Report and Recommendations before it becomes an order of the Court, the procedure is as follows:

  • Any party who wishes to seek review of the Report and Recommendations of the Magistrate must file exceptions within ten (10) days after the Report and Recommendations are served. Cross-exceptions must be served within five (5) days from the service of exceptions.
  • Any party filing exceptions must provide the Court with a record sufficient to support the exceptions or the exceptions 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.
  • If no exceptions are timely filed, the Court will take appropriate action on the Report and Recommendations. If exceptions are timely filed, the Court will set a hearing on the exceptions and give notice to the parties.

Family Magistrates(referred to a magistrate pursuant to Fla. Fam. L. R. P. 12.490)

Magistrates hearing family matters may hear most family issues that arise in Circuit Court, including (but not limited to) all pretrial matters, trials, spousal and child support, parental responsibility and time-sharing, property rights, debt, attorney fees, contested paternity, trial, and postjudgment proceedings.

If your family case is referred to a Magistrate and you do not wish to have a Magistrate hear your case (in a non-child support matter), the procedures are as follows:

  • No matter may be referred to a Magistrate without consent of all parties.
  • If a party has an objection to the referral to the Magistrate, the objecting party must file a written objection to the referral within ten (10) days of the service of the order of referral.
  • If the time set for the hearing is less than ten (10) days after service of the order of referral, the objection must be filed before commencement of the hearing.
  • If the order of referral is served within the first twenty (20) days after the service of the initial process, the time to file an objection is extended to the time within which to file a responsive pleading.
  • Failure to file a written objection within the applicable time period is deemed to be consent to the order of referral.

Once the Magistrate has heard the family matter, he or she will submit a Recommended Order to the Circuit Judge which includes findings of fact and conclusions of law. Upon receipt of the Recommended Order, the Court reviews it and enters the Recommended Order promptly unless the Court finds the order is facially or legally deficient, in which case it will identify the deficiency by written order and remand the matter to the Family Magistrate to address, and (if necessary) conduct further proceedings without the necessity of a new order of referral to the Family Magistrate.

If you disagree with the Recommended Order and wish to have it vacated, the procedure is as follows:

  • Any party affected by the Recommended Order may move to vacate the order by filing a motion to vacate within ten (10) days from the date of entry by the Circuit Judge. Any party may file a cross-motion to vacate within five (5) days of service of a motion to vacate.
  • A motion to vacate must be heard within thirty (30) days from the date the motion is filed, unless the time frame is extended by court order.
  • Any party seeking review shall seek to schedule a hearing date at the same time that the motion to vacate is filed. Failure to seek a hearing date may result in a denial of the motion to vacate.
  • A timely 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.