How to Fill Out Florida Form 12.945 (w/Examples) + FAQs

Florida Form 12.945 is the family law motion you file to ask the court to refer all or part of your case to a general magistrate, who acts like a judge to hear evidence and make recommendations. You fill it out by entering your case caption, checking the issues you want referred, signing under oath, and serving every other party with a blank consent form so they can object within 10 days under Florida Family Law Rule 12.490.

The form matters because Florida courts are jammed with family cases, and magistrates handle the overflow on issues like child support, time-sharing, and contempt. About 1 in 4 Florida circuit court filings is a family law matter, according to the Florida State Courts annual report, which is why magistrate referrals exist in the first place.

Here is what you will learn:

• 📝 How to fill out every line of Florida Family Law Form 12.945(a) without missing a box.
• ⚖️ The legal rules from Rule 12.490 that decide whether your referral sticks.
• 🧾 The differences between 12.945(a), 12.945(b), and 12.945(c) and when to use each.
• 🚨 The 7 most common mistakes pro se filers make and how to avoid them.
• 💡 Real Florida examples that show the right and wrong way to file.

What Florida Form 12.945 Actually Is

Florida Family Law Rules of Procedure Form 12.945 is the official set of forms used to move a family case from a circuit judge to a general magistrate. The Florida Supreme Court approved the form set under its rule-making power in Fla. Fam. L. R. P. 12.012, which lists every approved family law form. The form is free, and you can pull the latest version from the Florida Courts forms portal.

The form set has three core parts. Form 12.945(a) is the Motion for Referral to General Magistrate, which is what one party files to start the process. Form 12.945(b) is the Notice of Hearing Before General Magistrate, which schedules the actual hearing once the referral is granted. Form 12.945(c) is the Order of Referral to General Magistrate, which the judge signs to make the referral official. Each one feeds into the next, so missing one stops the whole chain.

A general magistrate is not a judge, but acts a lot like one. Under Rule 12.490(c), a magistrate can take testimony, rule on evidence, and write a report with recommendations. The judge keeps the final say and signs the order, but the magistrate does the heavy lifting. This saves you weeks or months on a crowded docket.

The catch is consent. Florida requires every party to consent before the case goes to a magistrate, based on the 2004 amendment to Rule 12.490 following the Florida Supreme Court’s clarifying opinion. If a party fails to object within 10 days after service of the order of referral, consent is implied. That silence rule trips up a lot of self-represented filers who think nothing means no.

Why The Form Exists

The form exists to take pressure off circuit judges and move family cases faster. Florida’s circuit courts handle around 900,000 family filings each year, according to data published by the Office of the State Courts Administrator. Without magistrates, contested hearings on simple issues could wait six months or more.

The consequence of skipping the form when you need a faster hearing is a long delay. If you have an urgent child support modification and the judge is booked four months out, your kids wait. Filing 12.945(a) often gets you in front of a magistrate in 30 to 60 days.

A real example helps. Maria in Orlando needs back child support enforced because her ex stopped paying after losing his job. She files Form 12.945(a) along with her motion for contempt. The court refers it to a magistrate, and Maria gets a hearing in five weeks instead of five months.

A common misconception is that the magistrate’s decision is final. It is not. The magistrate writes a report and recommendation, and the judge enters the actual order, usually after a 10-day exception period under Rule 12.490(f).

Who Can File It

Any party in a pending Florida family law case can file Form 12.945(a). That includes petitioners, respondents, and intervenors in dissolution, paternity, child support, and modification cases. Even the Florida Department of Revenue Child Support Program routinely files motions for referral on Title IV-D cases.

You cannot file the form in cases that magistrates are barred from hearing. Under Rule 12.490(c), magistrates cannot hear injunctions for protection against domestic violence, contempt that may result in jail time without certain safeguards, or cases involving termination of parental rights. Filing in those situations leads to denial and wasted filing time.

The consequence of filing in a barred case is a quick denial of the motion, sometimes with a warning from the judge. The court will not refer it, and you have to refile your underlying motion for the regular docket. That delay costs you weeks.

A misconception is that lawyers must file the form. They do not. Pro se litigants file 12.945(a) every day, and the Florida Courts Self-Help Center has step-by-step guides made for non-lawyers.

Step-by-Step: Filling Out Form 12.945(a)

Form 12.945(a), the Motion for Referral to General Magistrate, has a simple top-to-bottom structure. You complete the caption, check the issues, sign under oath if required, and attach a certificate of service. Each step has rules that, if skipped, can void the motion or delay your case.

The caption appears at the top. You list the circuit (for example, Thirteenth Judicial Circuit, Hillsborough County), the case number, the division, and the names of the petitioner and respondent. The case number must match exactly what is on your other filings, because clerks reject mismatched filings under Florida Rule of General Practice and Judicial Administration 2.520.

Below the caption is the body of the motion. You name yourself as the moving party and state that you ask the court to refer the case to a general magistrate. You then list the specific issues you want referred. Common picks are child support, time-sharing, alimony, contempt, and discovery disputes. Be specific, because vague referrals get bounced back.

The signature block goes at the bottom. Florida requires you to sign and print your name, address, phone number, and email under Rule 2.516 so the court can serve you back. Add a date next to your signature. If your motion includes sworn statements, you sign in front of a notary or use the self-executing oath language found in the form.

The Caption Block

The caption tells the court exactly which case you are moving in. You write the circuit name, the county, the case number, and the division (such as Domestic Relations or FM). Wrong divisions cause the clerk to reroute the filing, costing days. Use the same caption that appears on your most recent court order.

A consequence of a bad caption is misfiling. The clerk may file your motion in the wrong case, and the judge never sees it. You then miss the magistrate window, and your hearing slides further out.

For example, David in Jacksonville lists his case number as 2024-DR-1234 but the actual number is 2024-DR-01234. The clerk’s e-portal flags it, and David loses three days fixing the error. He keeps a copy of his last order pinned to his desk after that.

The misconception is that the case style does not matter. It matters more than almost anything else, because the docket runs on case numbers.

The Issues To Be Referred

You must list the exact issues you want the magistrate to hear. Examples include enforcement of child support, modification of time-sharing, attorney’s fees, or discovery motions. Do not write “all pending issues” because judges treat that as too vague under the local administrative orders summarized by the Florida Bar Family Law Section.

The consequence of vagueness is a partial referral or a denial. The judge may refer only one issue and keep the rest, which means you still wait for a judge hearing. You also lose the speed advantage that magistrates offer.

For example, Aisha in Miami writes “child-related issues” on her form. The judge refers only child support and keeps time-sharing, because the form is unclear. She has to file a second motion to add time-sharing.

A common misconception is that the magistrate can hear anything you list. Magistrates cannot hear matters listed in Rule 12.490(c), so listing barred issues just gets them stripped.

Certificate Of Service

Florida requires you to certify that you served the motion on every other party. Most service today is electronic through the Florida Courts E-Filing Portal, as required by Rule 2.516. Pro se litigants who have not signed up for e-service can serve by U.S. mail or hand delivery.

The consequence of skipping service is a void motion. Judges deny unserved motions and may sanction repeat offenders. You also waste filing fees in some counties that charge per motion.

For example, Carlos in Broward files Form 12.945(a) but forgets to email a copy to his ex-wife’s lawyer. The judge denies the motion at a status hearing and tells Carlos to refile after proper service. He loses two weeks.

A misconception is that filing through the e-portal automatically serves everyone. It does not for pro se parties unless they have specifically opted in.

Step-by-Step: Filling Out Form 12.945(b)

Form 12.945(b) is the Notice of Hearing Before General Magistrate. After the judge signs the order of referral on Form 12.945(c), you use 12.945(b) to set the actual hearing date. Without this notice, the magistrate has no authority to hear your case.

You start with the same case caption as 12.945(a). Then you list the date, time, and location of the hearing, plus the magistrate’s name. Magistrates publish hearing slots through the judicial assistant for the assigned judge or through a separate magistrate calendar. The Thirteenth Judicial Circuit’s magistrate page is one example of how counties post available slots.

You must give reasonable notice. Most circuits require at least 14 to 21 days, depending on the local administrative order. The Ninth Judicial Circuit Administrative Order 2018-12 sets a 21-day floor for non-emergency matters, for instance. Less notice usually means the hearing gets continued.

You also include a certificate of service. Every party must get the notice, plus any witnesses you plan to subpoena under Rule 12.451. Skipping a party leads to continuance and possible sanctions for delay.

Estimated Hearing Time

You must list how long the hearing will take. Most magistrates require accurate estimates because they double-book if you under-estimate. A simple uncontested child support hearing may take 30 minutes, while a contested time-sharing modification can take 2 to 4 hours.

The consequence of a bad estimate is a continuance mid-hearing. If you say 30 minutes and run over, the magistrate cuts you off and reschedules. You lose your momentum and any witnesses already paid to appear.

For example, Linda in Palm Beach County sets a 30-minute hearing for a contested alimony issue. The hearing runs out of time after she calls one witness. She has to come back six weeks later and pay her expert witness twice.

A misconception is that the magistrate will just give you more time. Magistrates rarely do, because their dockets are stacked back-to-back.

Special Accommodations

Florida law requires courts to provide accommodations for people with disabilities and people with limited English proficiency. The notice should include the standard ADA language found in approved Florida family law forms. The Florida Courts ADA page has the exact wording.

The consequence of leaving out the ADA notice is reversal on appeal in some cases. More commonly, the court rejects the notice and tells you to refile with the language. That delays your hearing.

For example, Tomás in Hialeah needs a Spanish interpreter. He uses the standard form language, requests an interpreter at least 7 days before the hearing, and the court provides one. If he had skipped the request, the magistrate would have continued the hearing.

A misconception is that interpreters are paid by the parties. In Florida family court, qualified court interpreters are usually provided at no cost under Rule 2.560.

Step-by-Step: Filling Out Form 12.945(c)

Form 12.945(c) is the Order of Referral to General Magistrate, and the judge signs it, not you. Still, you draft it and submit it for signature in most circuits. A clean draft order speeds up the judge’s signature, while a sloppy one sits in the inbox.

The order includes the same caption, a statement that the case is referred under Rule 12.490, the issues being referred, and the powers granted to the magistrate. It also includes the consent paragraph, which warns parties that failure to object within 10 days is consent.

You must serve the signed order on every party. The clock for the 10-day objection period runs from service, not from the judge’s signature. Miss service and the period never starts, which means the magistrate has no authority to act.

The order also lists the magistrate’s powers, which usually mirror Rule 12.490(c): take testimony, rule on evidence, and submit a report with findings. Some judges add limits, like capping the hearing time or excluding certain issues.

The 10-Day Objection Window

Once a party gets the order of referral, they have 10 days to object. The objection must be in writing and filed with the clerk. Silence is consent under Rule 12.490(b)(2), and that silence rule has been upheld in cases like Cerase v. Dewhurst.

The consequence of missing the 10-day window as the objecting party is permanent loss of your right to object. The case stays with the magistrate, even if you change your mind later. Florida appellate courts rarely reverse on late objections.

For example, Jordan in Tampa gets the order of referral and forgets to object in time. He shows up at the hearing and tells the magistrate he never agreed. The magistrate proceeds anyway, because his consent was implied by silence.

A misconception is that an objection cancels the case. It does not. The case just goes back to the regular judge’s docket.

Powers Granted To The Magistrate

The order lists the magistrate’s powers in detail. Standard powers include administering oaths, ruling on objections, taking evidence, and issuing a written report. Limited powers, such as recommending contempt, must be spelled out and follow the safeguards in Rule 12.491.

The consequence of leaving out a power is that the magistrate cannot use it. If you forget to include the power to recommend attorney’s fees, for example, the magistrate may decline to hear that issue. You then need a separate hearing.

For example, Priya in Sarasota drafts an order that does not mention attorney’s fees. The magistrate hears child support but tells her to set fees with the judge. Two hearings, two prep cycles, double the cost.

A misconception is that the order grants unlimited power. It does not. Magistrates only have the powers spelled out in the order and in the rule.

Three Common Florida Scenarios

The form’s real value shows up in everyday family law fights. The three scenarios below cover the most common ways Floridians use Form 12.945. Each one shows the action you take and the consequence that follows.

Scenario 1: Child Support Enforcement

What You Do	What Happens Next
File 12.945(a) listing “enforcement of child support” as the only issue	Judge signs 12.945(c) within 7-14 days, parties get 10 days to object
No objection filed, you set hearing on 12.945(b)	Magistrate hears the case in 30-60 days, far faster than judge’s 4-month wait
Magistrate issues report finding contempt and back support owed	Judge adopts report after 10-day exceptions period, and order is enforceable

Scenario 2: Time-Sharing Modification

What You Do	What Happens Next
File 12.945(a) listing “modification of time-sharing” with detailed issues	Judge refers it, but other parent objects within 10 days
Your motion goes back to the regular judge’s docket	You wait 4-6 months for hearing instead of 6-8 weeks
You proceed before the judge with full evidentiary hearing	Judge rules on the merits, but you lost the speed advantage

Scenario 3: Discovery Disputes

What You Do	What Happens Next
File 12.945(a) listing “discovery motions and motions to compel”	Judge signs 12.945(c) and refers all discovery disputes
Magistrate hears motions to compel, sanctions, and protective orders	Disputes get resolved in days, not months, keeping case on track
Magistrate’s recommendations get adopted by the judge	Discovery deadlines hold and trial date stays intact

Real-World Named Examples

Examples bring the rules to life. Here are three Florida residents using Form 12.945 in different ways. Each shows a specific decision and the result that follows.

Maria in Orlando needs back child support enforced because her ex-husband stopped paying. She files Form 12.945(a) listing “child support enforcement and contempt.” The judge signs 12.945(c), no one objects, and Maria sets the hearing on 12.945(b) for five weeks out. The magistrate finds her ex in willful contempt, recommends a purge amount, and the judge adopts the report. Maria gets paid in 60 days instead of waiting 6 months.

David in Jacksonville wants to modify his time-sharing schedule because his work hours changed. He files Form 12.945(a) but writes “time-sharing issues” without specifying. The judge refers it, but his ex objects within 10 days. The case goes back to the regular judge’s docket, and David waits 5 months for a hearing. He learns the hard way that referrals only work if both parties stay silent or agree.

Aisha in Miami is fighting a discovery battle in her divorce. She files Form 12.945(a) listing “all pending discovery motions” and gets a referral. The magistrate hears her motion to compel and orders her ex to produce bank records. The case stays on track for trial in 4 months, instead of the 8-month delay she would have faced waiting for judge time.

Mistakes To Avoid

Mistakes on Form 12.945 cost time, money, and sometimes the case itself. Here are the most common errors Florida pro se filers make.

• Listing vague issues like “all matters pending,” which leads to denial or partial referral.
• Forgetting to serve the motion on every party, which voids the filing under Rule 2.516.
• Filing in cases that magistrates cannot hear, like domestic violence injunctions, wasting your filing time.
• Underestimating hearing time on 12.945(b), causing the magistrate to cut you off mid-hearing.
• Missing the 10-day objection window, which locks in implied consent permanently.
• Drafting a 12.945(c) order without the right magistrate powers, leaving your real issues unheard.
• Skipping the ADA accommodation language, which delays the hearing.
• Using the wrong case number in the caption, causing the clerk to misfile the motion.
• Failing to attach a copy of the underlying motion (such as the contempt motion) so the magistrate has nothing to hear.
• Ignoring the local administrative order that sets county-specific rules.

Do’s and Don’ts

The do’s and don’ts below come straight from Florida practice. Follow them and your motion clears the desk faster.

• Do list every specific issue with statute citations where possible, because precision speeds approval.
• Do serve every party through the e-filing portal the same day you file, because the 10-day clock starts at service.
• Do check your local circuit’s administrative order, because counties differ on notice and procedure.
• Do keep a copy of every page filed and served, because clerks lose documents and you need proof.

• Do sign up for e-service even as a pro se filer, because it is faster and creates a paper trail.

• Don’t file in barred cases like injunctions for protection, because the motion will be denied.

• Don’t write “all issues” instead of specific ones, because vague motions get bounced.
• Don’t skip the certificate of service, because unserved motions are void.
• Don’t forget to set the hearing on 12.945(b), because a referral without a hearing date sits forever.
• Don’t assume the magistrate’s report is the final order, because the judge still has to sign off after the 10-day exceptions window.

Pros and Cons of Magistrate Referral

Referring your case to a magistrate has real benefits and real drawbacks. Weigh both before filing.

• Pro: Hearings happen weeks faster than on the regular judge’s docket.
• Pro: Magistrates often have deep family law experience, sometimes more than newly assigned judges.
• Pro: Magistrates can hear discovery disputes the same week, keeping cases on track.
• Pro: Hearings are usually less formal, which helps pro se litigants feel comfortable.

• Pro: Reports include findings of fact and conclusions of law, giving you a clearer record.

• Con: You add a 10-day exceptions window before the judge enters the order, which can delay enforcement.

• Con: The magistrate’s recommendation is not binding until the judge signs, so a determined opposing party can file exceptions and drag the case out.
• Con: Either party can object to the referral within 10 days and kick the case back, eating your strategic time.
• Con: Some magistrates handle so many cases that hearings get rushed, especially child support enforcement dockets.
• Con: You pay any court reporter you bring, which is not always required for judge hearings.

Mention Of Key Entities

Several key players shape how Form 12.945 works in practice. Each plays a different role.

The Florida Supreme Court writes and updates the family law rules and forms. It approved Form 12.945 and revises it every few years. The Court also issues opinions interpreting Rule 12.490.

The Florida Bar Family Law Section drafts proposed rule changes and runs CLE programs for lawyers. Its forms committee submits revisions to the Supreme Court, including changes to Form 12.945.

Each Judicial Circuit issues local administrative orders that set county-specific rules. These orders cover hearing-time floors, magistrate selection, and exceptions practice. Always check your circuit’s site before filing.

The Florida Department of Revenue Child Support Program handles Title IV-D cases and files Form 12.945 motions on behalf of the state. DOR magistrate hearings are a huge share of all magistrate referrals statewide.

The Florida Courts Self-Help Center provides free guides, videos, and form packets for pro se litigants. It is the best free resource for self-represented parties working through Form 12.945.

Recap of Relevant Court Rulings

Several Florida appellate decisions shape how Form 12.945 works. Each one clarifies a specific issue.

In Wells v. Wells, the Fourth District held that magistrate hearings without proper consent under Rule 12.490 are reversible error. That case is why Florida courts treat the 10-day window so strictly.

In Cerase v. Dewhurst, the appellate court enforced the silence-is-consent rule, finding that a party who failed to object within 10 days could not later challenge the magistrate’s authority. The decision is summarized in materials posted by the Florida Bar.

In Sabatini v. Wigh, the court reversed a magistrate’s report on contempt because the order of referral did not include contempt powers. The case shows why the 12.945(c) order must spell out every power.

These rulings tell you that the form is not a formality. Each line has consequences. Skipping consent language, vague issue lists, and missing powers all lead to reversal or do-overs.

How To File And Serve

Filing Form 12.945 in Florida is almost entirely electronic. You upload through the Florida Courts E-Filing Portal, which routes the document to the right clerk. The portal accepts PDF only, and most counties charge no fee for motions, though some charge a small per-document fee.

Service follows under Rule 2.516. E-service is mandatory for lawyers and optional but recommended for pro se filers. If you serve by mail, attach the certificate of service to your filing and add 5 days to any deadline that runs from service.

Keep your contact info current. The portal sends notices to the email on file, and missed notices have killed many objections and exceptions. Update your email through your portal account settings any time you change addresses.

The consequence of bad service is no consequence for the other side. The 10-day clock never starts, and the magistrate has no authority. Your case goes nowhere until you fix service.

FAQs

Is Florida Form 12.945 mandatory for magistrate referral?

Yes. Florida courts require an approved form or its substantive equivalent under Rule 12.012. Most judges expect the official form, especially from pro se filers, to keep the docket consistent.

Can I file Form 12.945 without a lawyer?

Yes. Florida actively supports pro se filers, and the Florida Courts Self-Help Center provides full instructions and packets. Thousands of self-represented parties file successfully every year.

Does the other party have to agree to the referral?

No. Consent is implied if no party objects within 10 days of service. That is the silence-is-consent rule under Rule 12.490.

Can a magistrate hear a domestic violence injunction?

No. Magistrates cannot hear injunctions for protection against domestic, repeat, dating, or sexual violence under Rule 12.490(c). Filing one in those cases gets denied.

Is the magistrate’s decision the final order?

No. The magistrate issues a report and recommendation, and the judge enters the actual order after a 10-day exceptions period. The report is binding only after the judge adopts it.

Can I file exceptions to a magistrate’s report?

Yes. You have 10 days from service of the report to file written exceptions, per Rule 12.490(f). Miss the window and the report stands.

Are magistrate hearings recorded?

Yes. A record is required, usually by court reporter or audio. If you want to file exceptions, you need a transcript, which means you should hire a court reporter for the hearing.

Do I have to pay a filing fee for Form 12.945?

No. Most circuits do not charge a fee for the motion itself, though counties vary. Check your circuit clerk’s website for the current schedule.

Can the magistrate award attorney’s fees?

Yes. Magistrates can recommend attorney’s fees if the order of referral includes that power under Rule 12.490. Leave it out and the issue goes back to the judge.

Will my case move faster with a magistrate?

Yes. Most magistrate hearings are set in 30 to 60 days, while judge hearings can take 4 to 6 months. The speed advantage is the main reason filers pick this route.

Can I withdraw my consent later?

No. Once the 10-day objection window passes, your consent is locked in. Florida appellate courts almost never allow late objections, as shown in cases summarized by the Florida Bar.

Does the magistrate have to be a lawyer?

Yes. Florida requires general magistrates to be members of the Florida Bar under Rule 12.490(a). Most have years of family law experience before appointment.