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88 verbatim mandatory provisions from AO 2010-003.
Third Judicial Circuit (Columbia, Dixie, Hamilton, Lafayette, Madison, Suwannee, Taylor). Check the order's own effective and rescission dates before relying on it. Procedural information only; not legal advice.
Verbatim from the order's own text layer, harvested 2026-07-25; whitespace normalised only. No OCR. Only sentences carrying mandatory language are reproduced — the full order is in custody and is the controlling text. • This Administrative Order shall apply to all residential mortgage foreclosure actions filed in the Third Judicial Circuit in which the origination of the note and mortgage sued upon was subject to the provisions of the Federal Truth in Lending Act, Regulation Z. • Upon the effective date of this Administrative Order, all newly filed mortgage foreclosure actions filed against a homestead residence shall be referred to the RMFM Program unless the plaintiff and borrower agree in writing otherwise or unless pre-suit mediation was conducted in accordance with paragraph 23. • The parties to the foreclosure action shall comply with the conditions and requirements imposed by this Administrative Order. • In actions to foreclose a mortgage on a homestead residence, the plaintiff and borrower shall attend at least one mediation session, unless the plaintiff and borrower agree in writing not to participate in the RMFM Program or the Program Manager files a notice of borrower nonparticipation. • Upon the effective date of this Administrative Order, all newly filed residential mortgage foreclosure actions involving property that is not a homestead residence shall comply with the requirements of filing a Form A, as required by paragraph 5 below and the requirements of paragraph 18 below (plaintiff's certification as to settlement authority). • A party requesting that the case be sent to mediation with the RMFM Program at the discretion of the presiding judge shall make the request in format of Exhibit 3 attached as page A-25 to Order No. • Mediators used in the RMFM Program shall be trained in accordance with the standards stated in Exhibit 12, attached as page A-59 to Order No. • Mediation through the RMFM Program shall be conducted in accordance with Florida Rules of Civil Procedure and Florida Rules for 3 -- 3 of 12 -- Certified and Court-Appointed Mediators. • 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. • After the effective date of this Administrative Order, in all actions to foreclose a mortgage on residential property the clerk of court shall attach to the summons to be served on each defendant a notice regarding managed mediation for homestead residences in the format of Exhibit 2, attached as page A-23 to Order No. • Form A When suit is filed, counsel for the plaintiff must file a completed Form A with the clerk of court. • If the property is a homestead residence, all certifications in Form A must be filled out completely. • Within one (1) business day after Form A is filed with the clerk of court, counsel for plaintiff shall also electronically transmit a copy of Form A to Suwannee Valley Foreclosure Mediation, Inc. at the email address provided on the website (www.suwanneemediation.org) along with the case number of the action and contact information for all of the parties. • The contact information must include at a minimum the last known mailing address and phone number for each party. • In Form A, plaintiff's counsel must affirmatively certify whether the origination of the note and mortgage sued upon was subject to the provisions of the Federal Truth in Lending Act, Regulation Z. • In Form A, plaintiff's counsel must also affirmatively certify whether the property is a homestead residence. • If the property is a homestead residence and if the case is not exempted from participation in the RMFM Program because of pre-suit mediation conducted in accordance with paragraph 23 below, plaintiff's counsel shall further certify in Form A the identity of the plaintiff's representative who will appear at mediation. • At least one of the plaintiff's representatives designated in Form A must attend any mediation session scheduled pursuant to this Administrative Order. • Form A may be amended to change the designated plaintiff's representative, and the amended Form A must be filed with the court no later than five days prior to the mediation session. • All amended Forms A must be electronically transmitted to the Program Manager via a secure dedicated e- mail address or on the web-enabled information platform described in paragraph 8 no later than one (1) business day after being filed with the clerk of court. 6. • Upon the Program Manager receiving a copy of Form A, the Program Manager shall begin efforts to contact the borrower to explain the RMFM Program 4 -- 4 of 12 -- to the borrower and the requirements that the borrower must comply with to obtain a mediation. • The Program Manager shall also ascertain whether the borrower wants to participate in the RMFM Program. • The borrower must do the following prior to mediation being scheduled: meet with an approved mortgage foreclosure counselor, and provide to the Program Manager the information required by the Borrower's Financial Disclosure for Mediation. • It shall be the responsibility of the Program Manager to transmit the Borrower's Financial Disclosure for Mediation via a secure dedicated e-mail address or to upload same to the web- enabled information platform described in paragraph 8; however, the Program Manager is not responsible or liable for the accuracy of the borrower's financial information. • The borrower must deliver a written request for such information to Suwannee Valley Foreclosure Mediation, Inc. • AOSC09-54 no later than 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 five (5) business days before the mediation session. • The Program Manager shall immediately deliver a copy of Plaintiff's Disclosure for Mediation to the borrower. • A, Borrower's Financial Disclosure for Mediation, Plaintiff's Disclosure for Mediation, as well as the case number of the action and contact information for the parties, shall be submitted via the secure dedicated e-mail address listed on the website or the 5 -- 5 of 12 -- I web-enabled information platform with XML data elements if provided Nonparticipation by Borrower. • If the borrower does not want to participate in the RMFM Program, or if the borrower fails or refuses to cooperate with the Program Manager, or if the Program Manager is unable to contact the borrower, the Program Manager shall file a notice of nonparticipation in the format of Exhibit 4 attached as page A-27 to Order No. • The notice of nonparticipation shall be filed no later than 120 days after the initial copy of Form A is filed with the court. • A copy of the notice of nonparticipation shall be served on the parties by the Program Manager. • The Program Manager shall be responsible for referring the borrower to a foreclosure counselor prior to scheduling mediation. • Selection from a list of foreclosure counselors certified by the United States Department of Housing and Urban Development shall be by rotation or by such other procedures as may be adopted by administrative order of the chief judge in the circuit in which the action is pending. • The borrower's failure to participate in foreclosure counseling shall be cause for terminating the case from the RMFM Program. • In actions referred to the RMFM Program, the Program Manager shall advise any borrower who is not represented by an attorney that the borrower has a right to consult with an attorney at any time during the mediation process and the right to bring an attorney to the mediation session. • The Program Manager shall also advise the borrower that the borrower may apply for a volunteer pro bono attorney in programs run by lawyer referral, legal services, and legal aid programs as may exist within the circuit. • If the borrower applies to one of those agencies and is coupled with a legal services attorney or a volunteer pro bono attorney, the attorney shall file a notice of appearance with the clerk of the court and provide a copy to the attorney for the plaintiff and the Program Manager. • The appearance may be limited to representation only to assist the borrower with mediation but, if a borrower secures the services of an attorney, counsel of record must attend the mediation. • No earlier than 60 days and no later than 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 certified circuit civil mediators who have been specially trained to mediate residential mortgage foreclosure disputes. • The Program Manager shall make a reasonable effort to schedule the Mediation sessions at a suitable location(s) within the county where the action was filed including the utilization of courthouse space when available. • 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. • Mediation shall not be scheduled earlier than 30 days after the Borrower's Financial Disclosure for Mediation has been transmitted to the plaintiff via a secure 6 -- 6 of 12 -- dedicated e-mail address or uploaded to the web-enabled information platform described in paragraph 8 except by mutual consent of the parties. • 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. 13. • The following persons are required to be physically present at the mediation session: a plaintiff's representative designated in the most recently filed Form A; plaintiff's counsel; the borrower; and the borrower's counsel of record, if any. • If the plaintiff exercises the right to appear by telephone, the plaintiff shall be responsible for initiating the telephone call and any communication charges incurred. • At the time that the mediation is scheduled to physically commence, the assigned Mediator or representative of the Program Manager shall enter the mediation room prior to the commencement of the mediation conference and, prior to any discussion of the case in the presence of the mediator, take a written roll. • If the Mediator or representative of the Program Manager determines that anyone is not present, that party shall be reported as a non- appearance on the written roll. • If the Mediator or representative of the Program Manager determines that the plaintiff's representative present does not have full authority to settle, it shall be reported that the plaintiff's representative did not appear on the written roll as a representative with full settlement authority as required by this Administrative Order. • The implementation of this Administrative Order shall not create any expectation that appearance through the use of communication equipment will be authorized in other civil cases. 7 -- 7 of 12 -- If the plaintiff's representative attends mediation through the use of communication equipment, the person authorized by the plaintiff to sign a settlement agreement must be physically present at mediation. • If the plaintiff's representative attends mediation through the use of communication equipment, the plaintiffs representative must remain on the communication equipment at all times during the entire mediation session. • If the plaintiffs representative attends through the use of communication equipment, and if the mediation results in an impasse, within five (5) days after the mediation session, the plaintiffs representative shall file in the court file a certification in the format of Exhibit 8 attached as page A-47 to Order No. • If the mediation results in an impasse after the appearance of the plaintiffs representative through the use of communication equipment, the failure to timely file the certification regarding attendance through the use of communication equipment shall be grounds to impose sanctions against the plaintiff, including requiring the physical appearance of the plaintiffs representative at a second mediation, taxation of the costs of a second mediation to the plaintiff, or dismissal of the action. • If either the plaintiff's representative designated in the most recently filed Form A or the borrower fails to appear at a properly noticed mediation and the mediation does not occur, or when a mediation results in an impasse, the report of the mediator shall notify the presiding judge regarding who appeared at mediation without making further comment as to the reasons for an impasse. • 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 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 8 -- 8 of 12 -- 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 as page A-49 to Order No. • 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 Rules for Certified and Court-Appointed Mediators, unless otherwise provided for by law. • In cases involving a homestead residence, the presiding judge shall require that copies of either 1) the most recently filed Form A and the report of the mediator, or 2) 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. • If the plaintiff certifies in Form A that the property is NOT a homestead residence when suit is filed, plaintiff's counsel must file and serve with the complaint a certification identifying the agent of plaintiff who has full authority to settle the case without further consultation. • The certification shall be in the form of Exhibit 10 attached as page A-51 to Order No. • The check shall 9 -- 9 of 12 -- contain the venue of the court, the case number and name of the primary borrower and be sent by regular U.S. • Payments shall be made as follows: $400.00 paid by plaintiff at the time suit is filed for administrative fees of the RMFM Program, including outreach to the borrower and foreclosure counseling fees; and $350.00 paid by plaintiff within 10 days after notice of the mediation conference is filed for the mediation fee component of the RMFM Program fees If more than one mediation session is needed, the total program fee stated above will also cover a second mediation session. • However, if an additional mediation session is needed after the second session, the plaintiff shall be responsible for the payment of the program fees for such additional mediation sessions, unless the parties agree otherwise. • The program fees for the third and each subsequent mediation session shall be $350.00 per session. • If the borrower cannot be located, chooses not to participate in the RMFM Program, or if the borrower does not make any contact with the foreclosure counselor, the plaintiff shall be entitled to a refund of the portion of the Program fees attributable to foreclosure counseling. • If mediation is scheduled and the borrower announces an intention not to participate further in the RMFM Program prior to the mediation session, or if the case settles and the Program Manager has notice of the settlement at least five (5) clays prior to the mediation session, the plaintiff shall be entitled to a refund of the Program fees allocated for the mediation session ($350.00). • If notice of settlement is not received by the Program Manager at least five (5) days prior to the scheduled mediation session, the plaintiff shall not be entitled to any refund of mediation fees. • As is reasonably possible, the Program Manager shall use available data for monitoring whether Form A has been filed in all residential foreclosure actions that commence after the effective date of this Administrative Order and whether the RMFM Program fees have been paid if the residence is a homestead 10 -- 10 of 12 -- residence. • The Program Manager shall send compliance reports to the chief judge or the chief judge's designee in the format and with the frequency required by the chief judge. • The Program Manager shall also provide the chief judge with periodic reports as to whether plaintiffs and borrowers are satisfied with the RMFM Program. • The Program Manager shall also provide the chief judge with reports with statistical information about the status of cases in the RMFM Program and RMFM Program finances in the format and with the frequency required by the chief judge. • Any plaintiff who has filed five (5) or more foreclosure actions in the Third Judicial Circuit while this Administrative Order is in effect shall appoint two RMFM Program liaisons, one of whom shall be a lawyer and the other a representative of the entity servicing the plaintiff's mortgages, if any, and, if none, a representative of the plaintiff. • Plaintiff's counsel shall provide written notice of the name, phone number (including extension), email, and mailing address of both liaisons to the chief judge, or the chief judge's designee, and the Program Manager within 30 days after the effective date of this Administrative Order, and on the first Monday of each February thereafter while this Administrative Order is in effect. • The liaisons shall be informed of the requirements of this Administrative Order and shall be capable of answering questions concerning the administrative status of pending cases and the party's internal procedures relating to the processing of foreclosure cases, and be readily accessible to discuss administrative and logistical issues affecting the progress of the plaintiffs cases through the RMFM Program. • Plaintiffs counsel shall promptly inform the chief judge and Program Manager of any changes in designation of the liaisons and the contact information of the liaisons. • The liaisons shall act as the court's point of contact in the event the plaintiff fails to comply with this Administrative Order on multiple occasions and there is a need to communicate with the plaintiff concerning administrative matters of mutual interest. • List of Participating Mediators and Rotation of Mediators List of Participating Mediators and Rotation of Mediators The Program Manager shall post on the website the list of Florida Supreme Court certified mediators it will use to implement the RMFM Program and will state in writing the criteria, subject to approval by the chief judge, the program will use in selecting mediators. • The Program Manger shall also state in writing the procedure, subject to the approval by the chief judge, the program will use to rotate the appointment of mediators. • The RMFM Program shall encourage the use of mediators who have been trained to mediate mortgage foreclosure cases, reflecting the diversity of the community in which it operates. • Assignment of mediators shall be on a rotation basis that fairly spreads work throughout the pool of mediators working on the RMFM Program, unless the 11 -- 11 of 12 -- parties mutually agree on a specific mediator or the case requires a particular skill on the part of the mediator or the mediator has a conflict of interest. • If the parties participated in pre-suit mediation using the RMFM Program or participated in any other pre-suit mediation program having procedures substantially complying with the requirements of this Administrative Order, including provisions authorizing the exchange of information, foreclosure counseling, and requiring use of Florida Supreme Court certified circuit civil mediators specially trained to mediate residential mortgage foreclosure actions, the plaintiff shall so certify in Form A, in which case the plaintiff and borrower shall not be required to participate in mediation again unless ordered to do so by the presiding judge. • This Administrative Order shall be recorded by the clerk of the court in each county of the Third Judicial Circuit, takes effect on April 15, 2010, and will remain in full force and effect unless and until otherwise ordered.
This Administrative Order shall apply to all residential mortgage foreclosure actions filed in the Third Judicial Circuit in which the origination of the note and mortgage sued upon was subject to the provisions of the Federal Truth in Lending Act, Regulation Z.
Reviewer note: Document sha256: a7b6038ec5835856ef63ae7b883171ff99c903a3fb5788cd2fa58db70c0354c9 (1042546 bytes).
25 verbatim mandatory provisions from AO 2022-004.
10 verbatim mandatory provisions from AO 2014-025.
The 17th Circuit's circuit-wide AI disclosure/certification mandate (Jan 2026, twice amended) was VACATED in its entirety effective June 15, 2026 by Chief Judge Phillips's AO 2026-19-Gen, expressly citing the statewide framework (AOSC26-12; Rule 2.515(d)(2), SC2026-0673). Several division procedure pages still cite the vacated order.