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9 verbatim requirements from Eleventh Circuit administrative order 10-03.
Eleventh Judicial Circuit (Miami-Dade). Procedural information only; not legal advice.
Verbatim from the operative section of Eleventh Circuit administrative order 10-03, harvested 2026-08-02; whitespace normalised only. • Compliance Prior to Judgment. The parties must comply with this Administrative Order and the mediation process must be completed before the Plaintiff applies for default judgment, a summary judgment hearing, or a final hearing in an action to foreclose a mortgage on a homestead residence unless a notice of nonparticipation is filed by the Program Manager. • If the information is uploaded, the Program Manager shall notify Plaintiff’s counsel and the Plaintiff’s representative that the Borrower’s financial disclosure for mediation is available. The Program Manager is not responsible or liable for the accuracy of the Borrower’s financial information. The transmission of the Borrower’s Financial Disclosure for Mediation to Plaintiff’s counsel and the Plaintiff’s - 7 - representative shall occur no later than sixty (60) days after the Program Manager receives the electronic transmission of Form A from Plaintiff’s counsel. • Plaintiff’s Disclosure for Mediation. Within the time limit stated below, prior to attending mediation the Borrower may request any of the following information and documents from the Plaintiff: Documentary evidence the Plaintiff is the owner and holder in due course of the note and mortgage sued upon. A history showing the application of all payments by the Borrower during the life of the loan. A statement of the Plaintiff’s position on the present net value of the mortgage loan. The most current appraisal of the property available to the Plaintiff. The Borrower must deliver a written request for such information to the Program Manager in the format of Exhibit 6 attached no later than twenty- five (25) days prior to the mediation session. The Program Manager shall promptly electronically transmit the request for information to Plaintiff’s counsel. Plaintiff’s counsel is responsible for ensuring that the Plaintiff’s Disclosure for Mediation is electronically transmitted via a secure dedicated e-mail address or to the web-enabled information platform described in paragraph 8 below no later than three (3) business days before the mediation session. The Program Manager shall promptly deliver a copy of Plaintiff’s Disclosure for Mediation to the Borrower. • Scheduling Mediation. The Plaintiff’s representative, Plaintiff’s counsel, and the Borrower are all required to comply with the time limitations imposed by this Administrative Order and attend a mediation session as scheduled by the Program Manager. No earlier than sixty (60) days and no later than one hundred twenty (120) days after suit is filed, the Program Manager shall schedule a mediation session. The mediation session shall be scheduled for a date and time convenient to the Plaintiff’s representative, the Borrower, and counsel for the Plaintiff and the Borrower, using a mediator from the panel of Florida Supreme Court - 9 - certified circuit civil mediators who have been specially trained to mediate residential mortgage foreclosure disputes. Mediation sessions will be held at a suitable location(s) within the circuit obtained by the Program Manager for mediation. Mediation shall be completed within the time requirements established by rule 1.710(a), Florida Rules of Civil Procedure. Mediation shall not be scheduled until the Borrower has had an opportunity to meet with an approved foreclosure counselor and the Borrower’s Financial Disclosure for Mediation has been transmitted to the Plaintiff via a secure dedicated e-mail address or uploaded to the web- enabled information platform described in paragraph • Mediation shall not be scheduled earlier than thirty (30) days after the Borrower’s Financial Disclosure for Mediation has been transmitted to the Plaintiff. Once the date, time, and place of the mediation session have been scheduled by the Program Manager, the Program Manager shall promptly file with the clerk of court and serve on all parties a notice of the mediation session. • Written Settlement Agreement; Mediation Report. If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. Pursuant to rule 1.730(b), Florida Rules of Civil Procedure, if a partial or full settlement agreement is reached, the mediator shall report the existence of the signed or transcribed agreement to the court without comment within ten (10) days after completion of the mediation. If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall report the lack of an agreement to the court without comment or recommendation. In the case of an impasse, the report shall advise the court who attended the mediation, and a copy of Form A or any amended Form A shall be attached to the report for the court to determine if at least one of the Plaintiff’s representative named in Form A appeared for mediation. The mediator’s report to the court shall be in the format of Exhibit 9 attached. • Mediation Communications. All mediation communications occurring as a result of this Administrative Order, including information provided to the Program Manager that is not filed with the court, shall be confidential and inadmissible in any subsequent legal proceeding pursuant to Chapter 44, Florida Statutes, the Florida Rules of Civil Procedure, and the Florida - 12 - Rules for Certified and Court-Appointed Mediators, unless otherwise provided for by law. • Failure to Comply with Administrative Order. In all residential foreclosure actions, if a notice for trial, motion for default final judgment, or motion for summary judgment is filed with the clerk of court, no action will be taken by the court to set a final hearing or enter a summary or default final judgment until the requirements of this Administrative Order have been met. In cases involving a homestead residence, the presiding judge shall require that copies of either • the most recently filed Form A and the notice of Borrower’s nonparticipation be sent to the presiding judge by the Plaintiff or Plaintiff’s counsel prior to setting a final hearing or delivered with the packet requesting a summary or default final judgment. Unless otherwise ordered by the court, a certificate of compliance in the format of Exhibit 12 attached shall be filed with a motion for default final judgment, a motion for summary judgment, or a notice for trial. A copy of the certificate of compliance must accompany the submission of any proposed order for a default final judgment, summary judgment, or final judgment of foreclosure. The failure of a party to fully comply with the provisions of this Administrative Order may result in the imposition of any sanctions available to the court, including dismissal of the cause of action without further notice.
Compliance Prior to Judgment. The parties must comply with this Administrative Order and the mediation process must be completed before the Plaintiff applies for default judgment, a summary judgment hearing, or a final hearing in an action to foreclose a mortgage on a homestead residence unless a notice of nonparticipation is filed by the Program Manager.
Reviewer note: Order PDF sha256: b43caaa95a40160b304e87ca984c35db898d0c3da585cefba86f2683b8eaf544. Read from the order's ORDERED section as numbered paragraphs. 12 paragraph(s) withheld as too scan-damaged to quote.
18 verbatim requirements from 5th Jud. Cir., M-2018-65 — sha256-hashed 2026-07-25.
13 verbatim requirements from 5th Jud. Cir., Interpreter Services – English — sha256-hashed 2026-07-25.
25 verbatim mandatory provisions from AO 2022-004.