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Filing # 53170381 E-Filed 03/01/2017 07:02:53 PM
ADMINISTRATIVE ORDER IN THE CIRCUIT COURT OF THE
NO. 2012-07-01 NINTH JUDICIAL CIRCUIT, IN AND
FOR OSCEOLA COUNTY, FLORIDA
AMENDED ADMINISTRATIVE ORDER GOVERNING RESIDENTIAL
FORECLOSE MEDIATION PROCEDURES, OSCEOLA COUNTY
WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution, and section
43.26, Florida Statutes, the Chief Judge of each judicial circuit is charged with the authority and
power to do everything necessary to promote the prompt and efficient administration of justice, and
rule 2.215(b)(3), Florida Rules of Judicial Administration, mandates the Chief Judge to “develop an
administrative plan for the efficient and proper administration of all courts within the circuit,” and
WHEREAS, tule 2.545 of the Rules of Judicial Administration requires that the trial courts
“.. take charge of all cases at an early stage in the litigation and.. .control the progress of the case
thereafter until the case is determined...”, which includes “...identifying cases subject to alternative
dispute resolution processes;” and
WHERERAS, a statewide managed mediation program for residential mortgage
foreclosure cases was established in 2009 by In re: Final Report and Recommendations on
Residential Mortgage Foreclosure Cases, AOSC09-54, (Dec. 28, 2009); and
WHEREAS, program requirements were clarified in 2010 by In re:_Guidance
Concerning Managed Mediation Programs for Residential Mortgage Foreclosure Cases
AOSC10-57, (Nov. 5, 2010); and
WHEREAS, the Supreme Court of Florida has reviewed the reports on the program and
determined it cannot justify continuation of the program; and
WHEREAS, pursuant to In re:_ Managed Mediation Program for Residential Mortgage
Foreclosure Cases, AOSC11-44, (Dec. 19, 2011), the statewide managed mediation program was
terminated upon issuance of said Order; and
WHEREAS, in order to address the immediate effective date of Administrative Order
AOSC11-44, the Court issued Administrative Order 2012-02 on January 20, 2012. ThatAdministrative Order terminated the managed residential foreclosure mediation program and
provided that a further order on mediation foreclosure cases would be forthcoming after the
Court considered all possible options and measures the Court deems necessary and appropriate.
Administrative Order 2012-02 also provided that parties could continue to file a Motion to
Participate in Circuit Civil Mediation in accordance with section 44.102, Florida Statutes, and
Florida Rules of Civil Procedure 1.700-1.730 and nothing in that Order prohibits judges from
referring residential mortgage foreclosure cases to mediation on a case-by-case basis; and
WHEREAS, residential mortgage foreclosure case filings have increased substantially in
recent years and the backlog of pending mortgage foreclosure cases in the Ninth Circuit is
significant. Mediation is an alternative means of resolving disputes and can be helpful in
resolving mortgage foreclosure cases, It provides a forum for the parties to resolve their own
dispute. Resolving mortgage foreclosure cases through mediation can help to prevent more
serious increases in the backlog of cases and is consistent with the Court’s responsibility to take
charge of cases at an early stage of the litigation. Mediation also provides a more efficient use of
limited judicial resources in an overburdened court system and state and county budget constraints
have limited the ability of the courts in the Ninth Judicial Circuit to manage these cases in a timely
manner; and
WHEREAS, Chapter 44, Florida Statutes, and rules 1.700-1.750, Florida Rules of Civil
Procedure, provide a framework for court-ordered mediation of civil actions, except those matters
expressly excluded by rule 1.710(b), which does not exclude residential mortgage foreclosure
actions; and
WHEREAS, this Court hosted a summit in which Lenders, Plaintiff attorney firms,
consumer advocate representatives and other interested parties discussed the benefits and concerns of
a managed foreclosure mediation program. Positive and constructive feedback was received and has
been considered by this Court in formulating a local managed foreclosure mediation program; andWHEREAS, mediation of certain homestead residential mortgage foreclosure actions prior
to the matter being set for final hearing will facilitate the laudable goals of communication,
facilitation, problem-solving between the parties with the emphasis on self-determination, the parties’
needs and interests, procedural flexibility, full disclosure, fairness, and confidentiality. Referring
these cases to mediation will also facilitate and provide a more efficient use of limited judicial and
clerk resources in a court system that is already overburdened;
NOW, THEREFORE, I, Frederick J. Lauten, pursuant to the authority vested in me as
Chief Judge of the Ninth Judicial Circuit of Florida under Florida Rule of Judicial Administration
2.215, order the following, effective immediately, unless otherwise stated herein, and to continue
until further order:
Effective Date
1. This Administrative Order shall apply to all residential homestead foreclosure cases
filed beginning 12:01 a.m. on May 15, 2012, until further notice from the Chief Judge.
Certain other foreclosure cases may be referred to mediation as contemplated by this
Administrative Order, at the discretion of the presiding judge as specified in paragraph 2 below.
Scope
2. Residential Mortgage Foreclosures. This Administrative Order shall apply to all
residential mortgage foreclosure actions filed in Osceola County 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. However, compliance with this Order varies depending on whether the property
secured by the mortgage is a homestead residence.
The parties to the foreclosure action shall comply with the conditions and
requirements imposed by this Order. If the foreclosure action is a mandatory referral to
the Residential Mortgage Foreclosure Mediation Program pursuant to this Order, it is not
necessary to file a Request for Mediation with the court.Upon the effective date of this Order, as specified in paragraph 1, all newly filed
mortgage foreclosure actions filed against a homestead residence shall be referred to the Osceola
County Residential Mortgage Foreclosure Mediation (RMFM) Program unless the plaintiff and
borrower agree in writing otherwise.
In actions to foreclose a mortgage on a homestead residence, the plaintiff and borrower
shall attend at least one mediation session, unless:
(a) the plaintiff and borrower agree in writing not to participate in the RMFM
Program; or
(b) the Program Manager files a Notice of Borrower Non-Participation.
Upon the original effective date of this 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 6 below.
At the discretion of the presiding judge, compliance with this Order may also be
required:
(a) for homestead residential mortgage foreclosure actions filed prior to the
effective date of this Order, including those actions filed during the period of time
between the cessation of the prior residential foreclosure mediation program and
the effective date of this Order;
(b) for foreclosure actions involving non-homestead residences; and
(c) any other residential foreclosure action the presiding judge deems appropriate.
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 the format of Exhibit 3 attached.The following cases will automatically be removed from participating in the RMFM
Program by the Program Manager:
(a) cases where there is no living borrower to mediate;
(b) cases where mail from Program Manager is returned indicating the property
is vacant or mail is undeliverable;
(c) cases where the borrower has an automatic stay with the Bankruptcy Court;
and
(d) cases where at least one note holder does not agree to participate in
mediation.
When a case is deemed ineligible for mediation due to one of the above specified reasons,
the Program Manager shall file a Notice of Non-Participation with the Court and serve copies of
such Notice to all parties. The Notice of Non-Participation will indicate the reason that the case
is being removed from the RMFM Program.
Tf the plaintiff certifies in Form A that the property is NOT a homestead residence, the
matter may proceed to a final hearing, summary judgment, or default final judgment in
accordance with the rules of civil procedure without any further requirement to attend mediation,
unless otherwise ordered by the presiding judge.
3. Referral to Mediation. This Order constitutes a formal referral to mediation pursuant
to the Florida Rules of Civil Procedure in actions involving a mortgage foreclosure of a
homestead residence. The plaintiff and borrower are deemed to have stipulated to mediation by
a mediator assigned by the Program Manager unless pursuant to rule 1.720(f), Florida Rules of
Civil Procedure, the plaintiff and borrower file a written stipulation choosing not to participate in
the RMFM Program. Referral to the RMFM Program is for administration and management of
the mediation process and assignment of a Florida Supreme Court certified circuit civil mediatorwho has been trained in mediating residential mortgage foreclosure actions and who has agreed
to be on the panel of available certified circuit civil mediators. Mediation through the RMFM
Program shall be conducted in accordance with Florida Rules of Civil Procedure and Florida
Rules for Certified and Court-Appointed Mediators.
4. Compliance Prior to Judgment. The parties must comply with this 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 Non-Participation is filed by the Program Manager.
5. Delivery of Notice of RMFM Program with Summons. Afier the effective date of
this Order, in all actions to foreclose a mortgage on residential property the plaintiff 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, in both English and Spanish, attached.
The clerk of court shall provide a daily list of each homestead foreclosure filing, with the
case number, to the Program Manager.
Procedure
6. Responsibilities of Plaintiff's Counsel. 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 the Program Manager via a secure dedicated email address. The contact
information must include at a minimum the last known mailing address and phone number for
each note holder.Within five (5) days after Form A is filed with the clerk of court, counsel for the
plaintiff shall send a check or money order made payable to The Osceola County Board of
County Commissioners, c/o RMFM Program Manager, 2 Courthouse Square, Suite 6300,
Kissimmee, Florida 34741 in the amount of $100.00. PLAINTIFF SHALL ATTACH A
PHOTOCOPY OF FORM A TO THE CHECK. The check must match the information
provided on Form A and the court case number must be included on the check, NO
PERSONAL CHECKS WILL BE ACCEPTED.
Counsel for the plaintiff shall also send borrower, at borrower’s last known mailing
address, a copy of the complaint, a copy of the summons and a copy of Exhibit 2 of this
Order, Notice of RMFM Program to be Served with Summons, in both English and
Spanish, via U.S. Mail within forty-eight (48) hours of filing the complaint.
As different payment options become available, the Program Manager may change
payment acceptance terms without the necessity of amending this Administrative Order.
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, plaintiffs counsel must also affirmatively certify whether the property
is a homestead residence. Plaintiffs counsel is not permitted to respond to the certification with
2 66
“unknown,” “unsure,” “not applicable,” or similar nonresponsive statements.
Plaintiff's counsel may designate more than one plaintiff's representative. At least one of
the plaintiffs representatives designated in Form A must attend any mediation session scheduled
pursuant to this Order.
Form A may be amended to change the designated plaintiffs representative, and the
amended Form A must be filed with the court no later than five (5) days prior to the mediation
session, All amended Forms A must be electronically transmitted to the Program Manager via asecure dedicated e-mail address no later than one (1) business day after being filed with the clerk
of court.
Within five (5) business days of the complaint filing date, or date of the court order
referring the case to the RMFM Program, (see Exhibit 7),' the plaintiff must electronically
submit Form A, with the borrower’s contact information and pay the Program Manager the
$100.00 payment. If the plaintiff fails to comply with this deadline, they will incur a $50.00
penalty fee. If within ten (10) business days of the complaint filing date, or date of the Court
Order Referring Case to the RMFM Program, the case is still not in compliance and the penalty
fee has not been paid, the Program Manager may submit a proposed Order to Show Cause to the
Court.
In the event of plaintiff non-compliance, the timeline shall begin from the date of
plaintiff's full compliance. Full compliance shall consist of: completed Form A, payment of
fees, court/clerk case number and contact information as specified in paragraph 6 of this Order.
7. Responsibilities of Borrower, Upon the Program Manager receiving the Form A
copy, the $100.00 payment and plaintiff counsel has submitted all required information for the
case via a secure dedicated e-mail address, the Program Manager shall begin efforts to contact
the borrower to explain the RMFM Program 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:
(a) pay the Program Manager $250.00 for Mediation Program Fees within the
forty (40) day borrower contact period; and
' Cases that are initiated by referral to the Program by Court Order will follow the same timeline
as cases subject to mandatory referral to this Program pursuant to this Administrative Order.(b) provide to the Program Manager the List of Borrower Documents requested
by plaintiff's counsel within fifty-five (55) days from the date eligible; and
(c) schedule mediation with the Program Manager within fifty-five (55) days
from the date eligible’.
The List of Borrower Documents crafted for each individual case needed for scheduling
mediation will be provided to the Program Manager by counsel for plaintiff. The plaintiff
creates the List of Borrower Documents needed for mediation for each individual case based
upon whatever workout option the parties are pursuing. When the Program Manager receives all
of the documents on the List from borrower, the Program Manager shall transmit the documents
to counsel for plaintiff via e-mail. The deadline for scheduling mediation is tolled by any
additional days it may take for plaintiff counsel to provide the List of Borrower Documents
requested by the plaintiff and payment of the $150.00 fee by the plaintiff to the Program
Manager. The Program Manager is not responsible or liable for the accuracy of borrower’s
financial information.
8. Information to be Provided Via Secure Dedicated E-Mail Address. All information
to be provided to the Program Manager to advance the mediation process, such as Form A, List
of Borrower’s Documents, as well as the case number of the action and contact information for
the note holders, should be submitted via a secure dedicated e-mail address RMFM@ocnjcc.org.
Please refer to the Ninth Judicial Circuit Court website for further information.
http:/Avww.ninthei org.
? Date Eligible is the date that the Program Manager is in receipt of the following: plaintiff's
counsel has provided Form A, borrower contact information including property address, phone
number and e-mail (if available) for all note holders, and full payment of $100.00 for program
fees by plaintiff.9. Non-participation by Borrower. If the borrower does not want 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, or the case is a matter subject to removal
for one of the stated ineligibility categories described fully in Paragraph 2, the Program Manager
shall file a Notice of Non-Participation in the format of Exhibit 4 attached. The Notice of Non-
Participation shall be filed after the forty (40) day borrower contact period has expired, or as
soon as the Program Manager has been notified that borrower affirmatively opts out of the
RMEM Program, or as soon as possible when a case has been deemed ineligible for the RMFM
Program due to meeting one of the stated ineligibility categories described in Paragraph 2, A
copy of the Notice of Non-Participation shall be served on the parties by the Program Manager.
10. Encouragement to Seek Foreclosure Counseling. The Program Manager shall be
responsible for encouraging the borrower to seek foreclosure counseling prior to scheduling
mediation.
11. Referrals for Legal Representation. 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 the 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 this 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. Ifany borrower retains a private attorney, the attorney must file a notice of appearance and provide
the Program Manager with a copy of such notice of appearance as the Program Manager is not a
party to the case and does not automatically receive such notifications otherwise.
12. Scheduling Mediation. The plaintiffs representative, plaintiff's counsel, and the
borrower are all required to comply with the time limitations imposed by this Order and attend a
mediation session as scheduled by the Program Manager.
Within fifty-five (55) 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. Mediation sessions will
be held at a suitable location(s) within this 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.
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 Mediation.
Absent good cause, as determined by the court, mediation must be completed within one
hundred (100) days after suit is filed. If mediation fails to be completed within 100 days after
suit is filed, and the court makes a determination that such failure is attributable to either party,
and that party is unable to show good cause as to why mediation could not be completed within
the specified time frame, the court may dismiss the action without prejudice, or impose such
other sanctions as the court deems appropriate.13. Attendance at Mediation. The following persons are required to be physically
present at the mediation session: (a) the borrower; (b) the borrower’s counsel of record, if any;
(c) the plaintiffs lawyer; and (d) the plaintiff's representative with full authority to settle as
designated in the most recently filed Form A. Full authority to settle shall include the ability to
negotiate and agree to both retention and disposition options, which shall include but is not
limited to: authority to approve loan modifications; consent to borrower refinancing; reduction
of principal; short sale; deed-in-lieu of foreclosure; consent to judgment; and consent to other
workout options.
However, the plaintiff's representative may appear at mediation through the use of
communication equipment, if plaintiff files and serves at least five (5) days prior to the mediation
a notice in the format of Exhibit 5 attached advising that the plaintiffs representative will be
attending through the use of communication equipment and designating the person who has full
authority to sign any settlement agreement reached. Plaintiff's counsel may be designated as the
person with full authority to sign the settlement agreement.
At the time that the mediation is scheduled to physically commence, but prior to the
commencement of the mediation conference, and prior to any discussion of the case in the
presence of the mediator, the Program Manager or designee shall take a written roll consisting of
the signature and printed name of each party present. That written roll is a determination of the
presence of: (a) the borrower; (b) the borrower’s counsel of record, if any; (c) the plaintiff's
lawyer; and (d) the plaintiff's representative with full authority to settle.
Determination of plaintiff's representative’s full authority to settle shall be verified
through completion of a certificate affirming said representative has full authority to settle. The
Program Manager shall provide a Certificate of Authority document at the mediation for
12execution by plaintiff counsel in consultation with the lender representative appearing via phone
or in person in the format of Exhibit 8 attached.
If cither the plaintiff's counsel acting on behalf of plaintiffs representative appearing via
phone or plaintiff's representative appearing in person cannot sign the Certificate of Authority
document ensuring that the plaintiff representative has: (1) full settlement authority to negotiate
a settlement with the borrower(s) without further consultation, and (2) has fully reviewed all
documents provided by Program Manager for the case to the plaintiff's legal counsel then
Program Manager must not allow the mediation to begin and reschedule the mediation at
plaintiff's expense in the amount of $150.00. If cancellation and rescheduling of the mediation
is required under this section, then no Mediation Report shall be filed as no mediation has taken
place.
If the Program Manager, or designee, determines that the plaintiff's representative
present does not have full authority to settle, it shall be reported on the written roll that the
plaintiff's representative did not appear with full settlement authority as required by this Order.
If a party appears via telephonic means, that should be notated by the Program Manager, or
designee, or the mediator on the written roll. The written roll and execution of the Certificate of
Authority document with the Program Manager, or designee, is not a mediation communication.
THE RIGHT TO APPEAR THROUGH THE USE OF COMMUNICATION
EQUIPMENT WILL BE TERMINATED AS TO ANY AND ALL PLAINTIFFS WHO
FAIL TO SECURE PARTICIPATION BY A REPRESENTATIVE WITH FULL
AUTHORITY TO NEGOTIATE FOR ANY MEDIATION THAT IS UTILIZING
APPEARANCE VIA COMMUNICATION EQUIPMENT.
The authorization by this Order for the plaintiff's representative to appear through the use
of communication equipment is pursuant to rule 1.720(b), Florida Rules of Civil Procedure(court order may alter physical appearance requirement), and in recognition of the emergency
situation created by the massive number of residential foreclosure cases being filed in this Circuit
and the impracticality of requiring physical attendance of a plaintiff's representative at every
mediation. Additional reasons for authorizing appearance through the use of communication
equipment for mortgage foreclosure mediation include a number of protective factors that do not
exist in other civil cases, namely the administration of the program by a program manager and
required disclosure of information prior to mediation. The implementation of this Order shall not
create any expectation that appearance through the use of communication equipment will be
authorized in other civil cases.
If the plaintiffs 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 plaintiffs representative attends mediation through the
use of communication equipment, the plaintiff's representative must remain on the
communication equipment at all times during the entire mediation session. If the plaintiffs
representative attending via communication equipment does not participate in the mediation for
the entire time of the mediation once he or she has been reached, the Program Manager may
report the mediation as a no show mediation as to the plaintiff representative’s attendance and
the failure to fully participate shall be grounds to impose sanctions against the plaintiff including
requiring the physical appearance of the plaintiff's representative at a second mediation, taxation
of the costs of a second mediation to the plaintiff, and dismissal of the action.
Junior lienholders may appear at mediation by a representative with full settlement
authority. Ifa junior lienholder is a governmental entity comprised of an elected body, such
junior lienholder may appear at mediation by a representative who has authority to recommend
settlement to the governing body. Counsel for any junior lienholder may also attend themediation. The participants physically attending mediation may consult on the telephone during
the mediation with other persons as long as such consultation does not violate the provisions of
sections 44.401-406, Florida Statutes.
14. Failure to Appear at Mediation. 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 a no agreement, the Mediation
Report shall notify the presiding judge regarding who appeared at mediation without making
further comment as to the reasons for a no agreement. The Program Manager shall attach a copy
of the written roll as described in paragraph 13 of this Order to the Mediation Report.
If the borrower fails to appear, or if the mediation results in a no agreement with all
required parties present, and if the borrower has been lawfully served with a copy of the
complaint, and if the time for filing a responsive pleading has passed, the matter may proceed to
a final hearing, summary judgment, or default final judgment in accordance with the rules of
civil procedure without any further requirement to attend mediation.
If plaintiff's counsel or the plaintiff's representative fails to appear, the court may dismiss
the action without prejudice, order plaintiff's counsel or the plaintiff's representative(s) to appear
at mediation, or impose such other sanctions as the court deems appropriate including, but not
limited to, attorney’s fees and costs if the borrower is represented by an attorney. If the borrower
or borrower’s counsel of record fails to appear, the court may impose such other sanctions as the
court deems appropriate, including, but not limited to, attorney’s fees and costs.
15. 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, ifa partial or full settlement
agreement is reached, the mediator shall report the existence of the signed or transcribedagreement to the court without comment. 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 a no agreement, 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 6 attached. Each mediation report shall be completed and reported to the
Program Manager, or designee, immediately after each mediation session. The Program
Manager, or designee, shall then file each mediation report with the clerk of court.
16. Mediation Communications. All mediation communications occurring as a result of
this 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.
17. Failure to Comply with Administrative Order. \n 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 Order have been met. In cases
involving a homestead residence, the presiding judge shall require that copies of either: 1) the
most recently filed Form A and the Mediation Report, or 2) the most recently filed Form A and
the Notice of Borrower’s Non-Participation 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.The failure of a party to fully comply with the provisions of this Order may result in the
imposition of any sanctions available to the court, including dismissal of the cause of action
without further notice.
Summary of RMFM Program Timelines
18. RMFM Program Timelines. The following timelines shall be followed:
SUIT IS FILED FORM A FILED WITH COMPLAINT
EXHIBIT 2, IN BOTH ENGLISH AND SPANISH,
ATTACHED TO SUMMONS
WITHIN 1 FORM A ELECTRONICALLY TRANSMITTED TO
BUSINESS DAY PROGRAM MANAGER BY PLAINTIFF’S COUNSEL
AFTER SUIT IS
FILED
WITHIN 48 PLAINTIFF’S COUNSEL SHALL SEND BORROWER VIA
HOURS AFTER U.S. MAIL, AT BORROWER’S LAST KNOWN MAILING
SUIT IS FILED ADDRESS: A COPY OF THE COMPLAINT, A COPY OF
THE SUMMONS, AND A COPY OF EXHIBIT 2, IN BOTH
ENGLISH AND SPANISH
WITHIN 5 DAYS FORM A AND $100.00 PAYMENT SUBMITTED TO
AFTER SUIT IS PROGRAM MANAGER AND CONTACT INFORMATION
FILED OR CASE AND PHONE NUMBER FOR ALL NOTE HOLDERS
REFERRED TO SUBMITTED VIA SECURE DEDICATED E-MAIL ADDRESS
RMFM BY COURT | BY PLAINTIFF’S COUNSEL ($50.00 LATE FEE APPLIES IP
ORDER NON-COMPLIANT)
WITHIN 40 DAYS | BORROWER MUST CONTACT PROGRAM MANAGER
AFTER DATE AND PAY $250.00 MEDIATION FEE
ELIGIBLE*
WITHIN 40 DAYS | PROGRAM MANAGER WILL CONTACT PLAINTIFF'S
AFTER DATE COUNSEL TO OBTAIN LIST OF DOCUMENTS
ELIGIBLE* REQUESTED BY PLAINTIFF AND $150.00 PAYMENT
ONLY AFTER THE BORROWER HAS PAID THEIR
PORTION OF THE MEDIATION FEE ($250.00)
WITHIN 55 DAYS | BORROWER MUST SUBMIT LIST OF DOCUMENTS
AFTER DATE REQUESTED BY PLAINTIFF TO PROGRAM MANAGER
ELIGIBLE*
WITHIN 55 DAYS | MEDIATION SESSION MUST BE SCHEDULED
AFTER DATE
ELIGIBLE*AT LEAST 5 DAYS | ANY AMENDED FORM A DESIGNATION OF THE
PRIOR TO PLAINTIFF’S REPRESENTATIVE MUST BE FILED WITH
MEDIATION CLERK
1 DAY PRIOR TO | ANY AMENDED FORM A DESIGNATION OF THE
MEDIATION PLAINTIFF’S REPRESENTATIVE MUST BE
TRANSMITTED TO PROGRAM MANAGER
WITHIN 100 DAYS | MEDIATION IS COMPLETED
AFTER DATE
ELIGIBLE*
WITHIN 10 DAYS =| MEDIATION REPORT FILED WITH THE CLERK BY
AFTER PROGRAM MANAGER
MEDIATION
* Date Eligible = plaintiff's counsel submits Form A, borrower contact information and $100.00
payment is received by the Program Manager.
19. Reinstatement Procedures.
In the event of reinstatement to the RMFM Program, borrower is responsible for paying
their share of the program fees ($250.00) within five (5) days of the reinstatement date. After the
borrower pays their share of the fees, the case timeline will be tolled by the number of additional
days until Program Manager receives both the $150.00 payment and List of Borrower
Documents crafted for each individual case from the plaintiff. After a case is reinstated,
borrower has twenty (20) days to send Program Manager the List of Borrower Documents as
requested by plaintiff and to schedule mediation. The borrower has fifty (50) days from the date
of reinstatement to complete mediation. The Program Manager may file a Notice of Non-
Participation if borrower fails to comply with these deadlines. When a case is reinstated by
agreement of the parties, the Program Manager may file a Notice of Withdrawal of Non-
Participation.In the event of reinstatement, the following timelines shall be followed:
SUMMARY OF RMFM TIMELINES FOR REINSTATED CASES
WITHIN 5 DAYS AFTER BORROWER SHALL PAY $250.00
REINSTATEMENT DATE* PROGRAM FEE
WITHIN 5 DAYS AFTER PROGRAM MANAGER WILL CONTACT
REINSTATEMENT AND PAYMENT
OF $250.00 BY THE BORROWER
PLAINTIFF’S COUNSEL TO OBTAIN
LIST OF DOCUMENTS REQUESTED BY
PLAINTIFF AND $150.00 PAYMENT
ONLY AFTER THE BORROWER HAS
PAID THEIR PORTION OF THE
MEDIATION FEE ($250.00)
WITHIN 20 DAYS OF BORROWER SHALL PROVIDE LIST OF
REINSTATEMENT DATE* DOCUMENTS REQUESTED BY
PLAINTIFF TO PROGRAM MANAGER,
AND SCHEDULE DATE FOR
MEDIATION WITH PROGRAM
MANAGER
WITHIN 50 DAYS OF MEDIATION MUST OCCUR
REINSTATEMENT DATE*
* Reinstatement Date = date of plaintiff consent to reinstate or receipt of reinstatement order by the Program
Manager.
RMEFM Program Fees
20. RMFM Program Fees. The fee structure for the RMFM Program is based on the
assumption that a successful mediation can be accomplished with one mediation session.
Accordingly, pursuant to rule 1.720(k), Florida Rules of Civil Procedure, the reasonable program
fees for the managed mediation, the mediator’s fee, and administration of the managed mediation
program, is a total of no more than $500.00 payable as follows:
1) $100.00 paid by plaintiff to the Program Manager within five (5) days after
filing Form A with the clerk of court for program fees of the RMFM Program,
including outreach to the borrower and case screening fees; and
2) $250.00 paid by borrower to the Program Manager within the borrower contact
time period for RMFM Program fees; and
3) $150.00 paid by plaintiff to the Program Manager only after borrower has paid
their share of program fees.The first $100.00 payment by plaintiff must be sent to the Program Manager within five (5)
days after filing Form A with the clerk of court. A photocopy of Form A must accompany
payment, and the information on the payment must match the information recorded on
Form A. Payment shall be in the form of check or money order made payable to The
Osceola County Board of County Commissioners, c/o RMFM Program Manager, 2
Courthouse Square, Suite 6300, Kissimmee, Florida 34741. The Osceola Board of County
Commissioners shall receive said fees from the Program Manager and designate same for
the Osceola County RMFM Program Fees Trust Fund, No personal checks will be
accepted. The court case number must be recorded on the check,
If the case is not resolved through the mediation process, the presiding judge may tax the
program fees as a cost or apply it as a set off in the final judgment of foreclosure.
If mediation is scheduled and the borrower announces an intention not to participate
further in the RMFM Program prior to the mediation session, or the borrower fails to provide the
requested documents and/or schedule mediation within the timelines provided, or if the case
settles and the Program Manager has notice of the settlement at least one (1) business day prior
to the mediation session, the parties shall be entitled to a refund of the Program Fees allocated
for the mediation session. In this case, each party will be refunded $75.00 for mediator fees.
The total fees include the mediator’s fees and costs and the cost to the Program Manager
for administration of the managed mediation program which includes but is not limited to
providing neutral meeting and caucus space, scheduling, telephone lines and instruments,
infrastructure to support a secure dedicated e-mail address or other secure system for
information.
In order to cancel and/or reschedule mediation, all parties must consent to the change and
notify the Program Manager. If a mediation session is cancelled the same day the mediation was
scheduled to occur, the parties will not be refunded the portion of the fee set aside for payment to
the mediator. If all parties agree to reschedule the mediation the same day mediation was
scheduled to occur, the parties will not be refunded the mediation fee. If all parties agree to
reschedule the mediation the same day mediation was scheduled to occur, the parties must pay an
20additional mediator fee, unless the reschedule is due to a medical emergency for a party.
Mediators will be paid for same day cancellations by a party unless the cancellation is due to a
medical emergency for a party. If mediation is cancelled prior to the date that mediation was
scheduled to occur, both parties will receive a refund of $75.00 for the mediator fee. In the event
of an adjournment, all parties must agree to adjourn and pay the additional mediator fee but the
parties will not have to pay any additional program fees.
If a case is settled prior to mediation, plaintiffs counsel must provide the Program
Manager a copy of the dismissal order. Upon receipt of the dismissal order, Program Manager
shall refund each party the amount of $75.00 for the mediator fee.
Program Manager to Monitor Compliance and Satisfaction
21. Monitoring Compliance Concerning Certain Provisions of This Order,
Satisfaction with RMFM Program, and Program Operation. The Program Manager shall be
responsible for monitoring whether Form A has been filed in all residential foreclosure actions
that commence after the effective date of this Order and whether the RMFM Program fees have
been paid if the residence is a homestead residence. The Program Manager shall send
compliance reports to the Chief Judge or the Chief Judge’s designee in the format requested by
the Chief Judge. The reports shall be monthly or quarterly as determined by the Chief Judge.
The Program Manager may assist with enforcing compliance with this Order upon filing
a written motion pursuant to rule 1.100(b), Florida Rules of Civil Procedure, stating with
particularity the grounds therefore and the relief or order sought. Example orders are attached as
Exhibit 7. 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 containing statistical information about the status
of cases in the RMFM Program and RMFM Program finances in the format and with the
21frequency requested by the Chief Judge. The reports shall be upon request of the Chief Judge or
Chief Judge’s designee.
The Program Manager shall also implement a reporting system to collect data on the
number of cases referred to the Program and whether the cases settled, adjourned, or ended in no
agreement. Further, the Program Manager shall track the percentage of cases referred to the
Program that result in the Program Manager successfully contacting borrowers; the percentage of
scheduled mediations failing to go forward because plaintiffs representative did not appear; the
percentage of scheduled mediations failing to go forward because the borrower did not appear;
and the percentage of mediations resulting in partial or complete agreements compared to those
resulting in no agreement.
22. Designation of Plaintiff Liaisons with RMFM Program. Any plaintiff who has
filed five (5) or more foreclosure actions in the Ninth Judicial Circuit while this 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. Plaintiffs counsel shall provide written notice of the name, phone
number (including extension), e-mail, and mailing address of both liaisons to the Chief Judge
and the Program Manager within thirty (30) days after the effective date of this Order, and on the
first Monday of each February thereafter while this Order is in effect.
The liaisons shall be informed of the requirements of this 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 plaintiff's cases through
the RMFM Program. Plaintiff's counsel shall promptly inform the Chief Judge and the Program
Manager of any changes in designation of the liaisons and the contact information of the liaisons.
22The liaisons shall act as the Court’s point of contact in the event the plaintiff fails to comply with
this 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
23. List of Participating Mediators and Rotation of Mediators. The Program Manager
shall post on its 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 Manager 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 require 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 in the RMFM Program, unless the
parties mutually agree, in writing, on a specific mediator or the case requires a particular skill on
the part of the mediator.
In an effort to maintain the performance and quality of the RMFM Program, it shall be in
the Chief Judge’s discretion to remove any mediator from rotation, in consultation with the
Program Manager, should circumstances arise which warrant the removal of the mediator from
the RMFM Program list of mediators.
Administrative Order No. 2012-07 is vacated and set aside and has been incorporated
and/or amended herein.
DONE AND ORDERED at Orlando, Florida, this 3 day of November, 2015.
/s/.
Frederick J. Lauten
Chief JudgeCopies to:
Clerk of Courts, Orange County
Clerk of Courts, Osceola County
General E-Mail Distribution List
http://www. ninthcircuit.org
24
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Filing # 53170381 E-Filed 03/01/2017 07:02:53 PM ADMINISTRATIVE ORDER IN THE CIRCUIT COURT OF THE NO. 2012-07-01 NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA AMENDED ADMINISTRATIVE ORDER GOVERNING RESIDENTIAL FORECLOSE MEDIATION PROCEDURES, OSCEOLA COUNTY WHEREAS, pursuant to Article V, section 2(d) of the Florida Constitution, and section 43.26, Florida Statutes, the Chief Judge of each judicial circuit is charged with the authority and power to do everything necessary to promote the prompt and efficient administration of justice, and rule 2.215(b)(3), Florida Rules of Judicial Administration, mandates the Chief Judge to “develop an administrative plan for the efficient and proper administration of all courts within the circuit,” and WHEREAS, tule 2.545 of the Rules of Judicial Administration requires that the trial courts “.. take charge of all cases at an early stage in the litigation and.. .control the progress of the case thereafter until the case is determined...”, which includes “...identifying cases subject to alternative dispute resolution processes;” and WHERERAS, a statewide managed mediation program for residential mortgage foreclosure cases was established in 2009 by In re: Final Report and Recommendations on Residential Mortgage Foreclosure Cases, AOSC09-54, (Dec. 28, 2009); and WHEREAS, program requirements were clarified in 2010 by In re:_Guidance Concerning Managed Mediation Programs for Residential Mortgage Foreclosure Cases AOSC10-57, (Nov. 5, 2010); and WHEREAS, the Supreme Court of Florida has reviewed the reports on the program and determined it cannot justify continuation of the program; and WHEREAS, pursuant to In re:_ Managed Mediation Program for Residential Mortgage Foreclosure Cases, AOSC11-44, (Dec. 19, 2011), the statewide managed mediation program was terminated upon issuance of said Order; and WHEREAS, in order to address the immediate effective date of Administrative Order AOSC11-44, the Court issued Administrative Order 2012-02 on January 20, 2012. ThatAdministrative Order terminated the managed residential foreclosure mediation program and provided that a further order on mediation foreclosure cases would be forthcoming after the Court considered all possible options and measures the Court deems necessary and appropriate. Administrative Order 2012-02 also provided that parties could continue to file a Motion to Participate in Circuit Civil Mediation in accordance with section 44.102, Florida Statutes, and Florida Rules of Civil Procedure 1.700-1.730 and nothing in that Order prohibits judges from referring residential mortgage foreclosure cases to mediation on a case-by-case basis; and WHEREAS, residential mortgage foreclosure case filings have increased substantially in recent years and the backlog of pending mortgage foreclosure cases in the Ninth Circuit is significant. Mediation is an alternative means of resolving disputes and can be helpful in resolving mortgage foreclosure cases, It provides a forum for the parties to resolve their own dispute. Resolving mortgage foreclosure cases through mediation can help to prevent more serious increases in the backlog of cases and is consistent with the Court’s responsibility to take charge of cases at an early stage of the litigation. Mediation also provides a more efficient use of limited judicial resources in an overburdened court system and state and county budget constraints have limited the ability of the courts in the Ninth Judicial Circuit to manage these cases in a timely manner; and WHEREAS, Chapter 44, Florida Statutes, and rules 1.700-1.750, Florida Rules of Civil Procedure, provide a framework for court-ordered mediation of civil actions, except those matters expressly excluded by rule 1.710(b), which does not exclude residential mortgage foreclosure actions; and WHEREAS, this Court hosted a summit in which Lenders, Plaintiff attorney firms, consumer advocate representatives and other interested parties discussed the benefits and concerns of a managed foreclosure mediation program. Positive and constructive feedback was received and has been considered by this Court in formulating a local managed foreclosure mediation program; andWHEREAS, mediation of certain homestead residential mortgage foreclosure actions prior to the matter being set for final hearing will facilitate the laudable goals of communication, facilitation, problem-solving between the parties with the emphasis on self-determination, the parties’ needs and interests, procedural flexibility, full disclosure, fairness, and confidentiality. Referring these cases to mediation will also facilitate and provide a more efficient use of limited judicial and clerk resources in a court system that is already overburdened; NOW, THEREFORE, I, Frederick J. Lauten, pursuant to the authority vested in me as Chief Judge of the Ninth Judicial Circuit of Florida under Florida Rule of Judicial Administration 2.215, order the following, effective immediately, unless otherwise stated herein, and to continue until further order: Effective Date 1. This Administrative Order shall apply to all residential homestead foreclosure cases filed beginning 12:01 a.m. on May 15, 2012, until further notice from the Chief Judge. Certain other foreclosure cases may be referred to mediation as contemplated by this Administrative Order, at the discretion of the presiding judge as specified in paragraph 2 below. Scope 2. Residential Mortgage Foreclosures. This Administrative Order shall apply to all residential mortgage foreclosure actions filed in Osceola County 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. However, compliance with this Order varies depending on whether the property secured by the mortgage is a homestead residence. The parties to the foreclosure action shall comply with the conditions and requirements imposed by this Order. If the foreclosure action is a mandatory referral to the Residential Mortgage Foreclosure Mediation Program pursuant to this Order, it is not necessary to file a Request for Mediation with the court.Upon the effective date of this Order, as specified in paragraph 1, all newly filed mortgage foreclosure actions filed against a homestead residence shall be referred to the Osceola County Residential Mortgage Foreclosure Mediation (RMFM) Program unless the plaintiff and borrower agree in writing otherwise. In actions to foreclose a mortgage on a homestead residence, the plaintiff and borrower shall attend at least one mediation session, unless: (a) the plaintiff and borrower agree in writing not to participate in the RMFM Program; or (b) the Program Manager files a Notice of Borrower Non-Participation. Upon the original effective date of this 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 6 below. At the discretion of the presiding judge, compliance with this Order may also be required: (a) for homestead residential mortgage foreclosure actions filed prior to the effective date of this Order, including those actions filed during the period of time between the cessation of the prior residential foreclosure mediation program and the effective date of this Order; (b) for foreclosure actions involving non-homestead residences; and (c) any other residential foreclosure action the presiding judge deems appropriate. 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 the format of Exhibit 3 attached.The following cases will automatically be removed from participating in the RMFM Program by the Program Manager: (a) cases where there is no living borrower to mediate; (b) cases where mail from Program Manager is returned indicating the property is vacant or mail is undeliverable; (c) cases where the borrower has an automatic stay with the Bankruptcy Court; and (d) cases where at least one note holder does not agree to participate in mediation. When a case is deemed ineligible for mediation due to one of the above specified reasons, the Program Manager shall file a Notice of Non-Participation with the Court and serve copies of such Notice to all parties. The Notice of Non-Participation will indicate the reason that the case is being removed from the RMFM Program. Tf the plaintiff certifies in Form A that the property is NOT a homestead residence, the matter may proceed to a final hearing, summary judgment, or default final judgment in accordance with the rules of civil procedure without any further requirement to attend mediation, unless otherwise ordered by the presiding judge. 3. Referral to Mediation. This Order constitutes a formal referral to mediation pursuant to the Florida Rules of Civil Procedure in actions involving a mortgage foreclosure of a homestead residence. The plaintiff and borrower are deemed to have stipulated to mediation by a mediator assigned by the Program Manager unless pursuant to rule 1.720(f), Florida Rules of Civil Procedure, the plaintiff and borrower file a written stipulation choosing not to participate in the RMFM Program. Referral to the RMFM Program is for administration and management of the mediation process and assignment of a Florida Supreme Court certified circuit civil mediatorwho has been trained in mediating residential mortgage foreclosure actions and who has agreed to be on the panel of available certified circuit civil mediators. Mediation through the RMFM Program shall be conducted in accordance with Florida Rules of Civil Procedure and Florida Rules for Certified and Court-Appointed Mediators. 4. Compliance Prior to Judgment. The parties must comply with this 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 Non-Participation is filed by the Program Manager. 5. Delivery of Notice of RMFM Program with Summons. Afier the effective date of this Order, in all actions to foreclose a mortgage on residential property the plaintiff 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, in both English and Spanish, attached. The clerk of court shall provide a daily list of each homestead foreclosure filing, with the case number, to the Program Manager. Procedure 6. Responsibilities of Plaintiff's Counsel. 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 the Program Manager via a secure dedicated email address. The contact information must include at a minimum the last known mailing address and phone number for each note holder.Within five (5) days after Form A is filed with the clerk of court, counsel for the plaintiff shall send a check or money order made payable to The Osceola County Board of County Commissioners, c/o RMFM Program Manager, 2 Courthouse Square, Suite 6300, Kissimmee, Florida 34741 in the amount of $100.00. PLAINTIFF SHALL ATTACH A PHOTOCOPY OF FORM A TO THE CHECK. The check must match the information provided on Form A and the court case number must be included on the check, NO PERSONAL CHECKS WILL BE ACCEPTED. Counsel for the plaintiff shall also send borrower, at borrower’s last known mailing address, a copy of the complaint, a copy of the summons and a copy of Exhibit 2 of this Order, Notice of RMFM Program to be Served with Summons, in both English and Spanish, via U.S. Mail within forty-eight (48) hours of filing the complaint. As different payment options become available, the Program Manager may change payment acceptance terms without the necessity of amending this Administrative Order. 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, plaintiffs counsel must also affirmatively certify whether the property is a homestead residence. Plaintiffs counsel is not permitted to respond to the certification with 2 66 “unknown,” “unsure,” “not applicable,” or similar nonresponsive statements. Plaintiff's counsel may designate more than one plaintiff's representative. At least one of the plaintiffs representatives designated in Form A must attend any mediation session scheduled pursuant to this Order. Form A may be amended to change the designated plaintiffs representative, and the amended Form A must be filed with the court no later than five (5) days prior to the mediation session, All amended Forms A must be electronically transmitted to the Program Manager via asecure dedicated e-mail address no later than one (1) business day after being filed with the clerk of court. Within five (5) business days of the complaint filing date, or date of the court order referring the case to the RMFM Program, (see Exhibit 7),' the plaintiff must electronically submit Form A, with the borrower’s contact information and pay the Program Manager the $100.00 payment. If the plaintiff fails to comply with this deadline, they will incur a $50.00 penalty fee. If within ten (10) business days of the complaint filing date, or date of the Court Order Referring Case to the RMFM Program, the case is still not in compliance and the penalty fee has not been paid, the Program Manager may submit a proposed Order to Show Cause to the Court. In the event of plaintiff non-compliance, the timeline shall begin from the date of plaintiff's full compliance. Full compliance shall consist of: completed Form A, payment of fees, court/clerk case number and contact information as specified in paragraph 6 of this Order. 7. Responsibilities of Borrower, Upon the Program Manager receiving the Form A copy, the $100.00 payment and plaintiff counsel has submitted all required information for the case via a secure dedicated e-mail address, the Program Manager shall begin efforts to contact the borrower to explain the RMFM Program 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: (a) pay the Program Manager $250.00 for Mediation Program Fees within the forty (40) day borrower contact period; and ' Cases that are initiated by referral to the Program by Court Order will follow the same timeline as cases subject to mandatory referral to this Program pursuant to this Administrative Order.(b) provide to the Program Manager the List of Borrower Documents requested by plaintiff's counsel within fifty-five (55) days from the date eligible; and (c) schedule mediation with the Program Manager within fifty-five (55) days from the date eligible’. The List of Borrower Documents crafted for each individual case needed for scheduling mediation will be provided to the Program Manager by counsel for plaintiff. The plaintiff creates the List of Borrower Documents needed for mediation for each individual case based upon whatever workout option the parties are pursuing. When the Program Manager receives all of the documents on the List from borrower, the Program Manager shall transmit the documents to counsel for plaintiff via e-mail. The deadline for scheduling mediation is tolled by any additional days it may take for plaintiff counsel to provide the List of Borrower Documents requested by the plaintiff and payment of the $150.00 fee by the plaintiff to the Program Manager. The Program Manager is not responsible or liable for the accuracy of borrower’s financial information. 8. Information to be Provided Via Secure Dedicated E-Mail Address. All information to be provided to the Program Manager to advance the mediation process, such as Form A, List of Borrower’s Documents, as well as the case number of the action and contact information for the note holders, should be submitted via a secure dedicated e-mail address RMFM@ocnjcc.org. Please refer to the Ninth Judicial Circuit Court website for further information. http:/Avww.ninthei org. ? Date Eligible is the date that the Program Manager is in receipt of the following: plaintiff's counsel has provided Form A, borrower contact information including property address, phone number and e-mail (if available) for all note holders, and full payment of $100.00 for program fees by plaintiff.9. Non-participation by Borrower. If the borrower does not want 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, or the case is a matter subject to removal for one of the stated ineligibility categories described fully in Paragraph 2, the Program Manager shall file a Notice of Non-Participation in the format of Exhibit 4 attached. The Notice of Non- Participation shall be filed after the forty (40) day borrower contact period has expired, or as soon as the Program Manager has been notified that borrower affirmatively opts out of the RMEM Program, or as soon as possible when a case has been deemed ineligible for the RMFM Program due to meeting one of the stated ineligibility categories described in Paragraph 2, A copy of the Notice of Non-Participation shall be served on the parties by the Program Manager. 10. Encouragement to Seek Foreclosure Counseling. The Program Manager shall be responsible for encouraging the borrower to seek foreclosure counseling prior to scheduling mediation. 11. Referrals for Legal Representation. 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 the 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 this 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. Ifany borrower retains a private attorney, the attorney must file a notice of appearance and provide the Program Manager with a copy of such notice of appearance as the Program Manager is not a party to the case and does not automatically receive such notifications otherwise. 12. Scheduling Mediation. The plaintiffs representative, plaintiff's counsel, and the borrower are all required to comply with the time limitations imposed by this Order and attend a mediation session as scheduled by the Program Manager. Within fifty-five (55) 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. Mediation sessions will be held at a suitable location(s) within this 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. 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 Mediation. Absent good cause, as determined by the court, mediation must be completed within one hundred (100) days after suit is filed. If mediation fails to be completed within 100 days after suit is filed, and the court makes a determination that such failure is attributable to either party, and that party is unable to show good cause as to why mediation could not be completed within the specified time frame, the court may dismiss the action without prejudice, or impose such other sanctions as the court deems appropriate.13. Attendance at Mediation. The following persons are required to be physically present at the mediation session: (a) the borrower; (b) the borrower’s counsel of record, if any; (c) the plaintiffs lawyer; and (d) the plaintiff's representative with full authority to settle as designated in the most recently filed Form A. Full authority to settle shall include the ability to negotiate and agree to both retention and disposition options, which shall include but is not limited to: authority to approve loan modifications; consent to borrower refinancing; reduction of principal; short sale; deed-in-lieu of foreclosure; consent to judgment; and consent to other workout options. However, the plaintiff's representative may appear at mediation through the use of communication equipment, if plaintiff files and serves at least five (5) days prior to the mediation a notice in the format of Exhibit 5 attached advising that the plaintiffs representative will be attending through the use of communication equipment and designating the person who has full authority to sign any settlement agreement reached. Plaintiff's counsel may be designated as the person with full authority to sign the settlement agreement. At the time that the mediation is scheduled to physically commence, but prior to the commencement of the mediation conference, and prior to any discussion of the case in the presence of the mediator, the Program Manager or designee shall take a written roll consisting of the signature and printed name of each party present. That written roll is a determination of the presence of: (a) the borrower; (b) the borrower’s counsel of record, if any; (c) the plaintiff's lawyer; and (d) the plaintiff's representative with full authority to settle. Determination of plaintiff's representative’s full authority to settle shall be verified through completion of a certificate affirming said representative has full authority to settle. The Program Manager shall provide a Certificate of Authority document at the mediation for 12execution by plaintiff counsel in consultation with the lender representative appearing via phone or in person in the format of Exhibit 8 attached. If cither the plaintiff's counsel acting on behalf of plaintiffs representative appearing via phone or plaintiff's representative appearing in person cannot sign the Certificate of Authority document ensuring that the plaintiff representative has: (1) full settlement authority to negotiate a settlement with the borrower(s) without further consultation, and (2) has fully reviewed all documents provided by Program Manager for the case to the plaintiff's legal counsel then Program Manager must not allow the mediation to begin and reschedule the mediation at plaintiff's expense in the amount of $150.00. If cancellation and rescheduling of the mediation is required under this section, then no Mediation Report shall be filed as no mediation has taken place. If the Program Manager, or designee, determines that the plaintiff's representative present does not have full authority to settle, it shall be reported on the written roll that the plaintiff's representative did not appear with full settlement authority as required by this Order. If a party appears via telephonic means, that should be notated by the Program Manager, or designee, or the mediator on the written roll. The written roll and execution of the Certificate of Authority document with the Program Manager, or designee, is not a mediation communication. THE RIGHT TO APPEAR THROUGH THE USE OF COMMUNICATION EQUIPMENT WILL BE TERMINATED AS TO ANY AND ALL PLAINTIFFS WHO FAIL TO SECURE PARTICIPATION BY A REPRESENTATIVE WITH FULL AUTHORITY TO NEGOTIATE FOR ANY MEDIATION THAT IS UTILIZING APPEARANCE VIA COMMUNICATION EQUIPMENT. The authorization by this Order for the plaintiff's representative to appear through the use of communication equipment is pursuant to rule 1.720(b), Florida Rules of Civil Procedure(court order may alter physical appearance requirement), and in recognition of the emergency situation created by the massive number of residential foreclosure cases being filed in this Circuit and the impracticality of requiring physical attendance of a plaintiff's representative at every mediation. Additional reasons for authorizing appearance through the use of communication equipment for mortgage foreclosure mediation include a number of protective factors that do not exist in other civil cases, namely the administration of the program by a program manager and required disclosure of information prior to mediation. The implementation of this Order shall not create any expectation that appearance through the use of communication equipment will be authorized in other civil cases. If the plaintiffs 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 plaintiffs representative attends mediation through the use of communication equipment, the plaintiff's representative must remain on the communication equipment at all times during the entire mediation session. If the plaintiffs representative attending via communication equipment does not participate in the mediation for the entire time of the mediation once he or she has been reached, the Program Manager may report the mediation as a no show mediation as to the plaintiff representative’s attendance and the failure to fully participate shall be grounds to impose sanctions against the plaintiff including requiring the physical appearance of the plaintiff's representative at a second mediation, taxation of the costs of a second mediation to the plaintiff, and dismissal of the action. Junior lienholders may appear at mediation by a representative with full settlement authority. Ifa junior lienholder is a governmental entity comprised of an elected body, such junior lienholder may appear at mediation by a representative who has authority to recommend settlement to the governing body. Counsel for any junior lienholder may also attend themediation. The participants physically attending mediation may consult on the telephone during the mediation with other persons as long as such consultation does not violate the provisions of sections 44.401-406, Florida Statutes. 14. Failure to Appear at Mediation. 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 a no agreement, the Mediation Report shall notify the presiding judge regarding who appeared at mediation without making further comment as to the reasons for a no agreement. The Program Manager shall attach a copy of the written roll as described in paragraph 13 of this Order to the Mediation Report. If the borrower fails to appear, or if the mediation results in a no agreement with all required parties present, and if the borrower has been lawfully served with a copy of the complaint, and if the time for filing a responsive pleading has passed, the matter may proceed to a final hearing, summary judgment, or default final judgment in accordance with the rules of civil procedure without any further requirement to attend mediation. If plaintiff's counsel or the plaintiff's representative fails to appear, the court may dismiss the action without prejudice, order plaintiff's counsel or the plaintiff's representative(s) to appear at mediation, or impose such other sanctions as the court deems appropriate including, but not limited to, attorney’s fees and costs if the borrower is represented by an attorney. If the borrower or borrower’s counsel of record fails to appear, the court may impose such other sanctions as the court deems appropriate, including, but not limited to, attorney’s fees and costs. 15. 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, ifa partial or full settlement agreement is reached, the mediator shall report the existence of the signed or transcribedagreement to the court without comment. 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 a no agreement, 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 6 attached. Each mediation report shall be completed and reported to the Program Manager, or designee, immediately after each mediation session. The Program Manager, or designee, shall then file each mediation report with the clerk of court. 16. Mediation Communications. All mediation communications occurring as a result of this 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. 17. Failure to Comply with Administrative Order. \n 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 Order have been met. In cases involving a homestead residence, the presiding judge shall require that copies of either: 1) the most recently filed Form A and the Mediation Report, or 2) the most recently filed Form A and the Notice of Borrower’s Non-Participation 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.The failure of a party to fully comply with the provisions of this Order may result in the imposition of any sanctions available to the court, including dismissal of the cause of action without further notice. Summary of RMFM Program Timelines 18. RMFM Program Timelines. The following timelines shall be followed: SUIT IS FILED FORM A FILED WITH COMPLAINT EXHIBIT 2, IN BOTH ENGLISH AND SPANISH, ATTACHED TO SUMMONS WITHIN 1 FORM A ELECTRONICALLY TRANSMITTED TO BUSINESS DAY PROGRAM MANAGER BY PLAINTIFF’S COUNSEL AFTER SUIT IS FILED WITHIN 48 PLAINTIFF’S COUNSEL SHALL SEND BORROWER VIA HOURS AFTER U.S. MAIL, AT BORROWER’S LAST KNOWN MAILING SUIT IS FILED ADDRESS: A COPY OF THE COMPLAINT, A COPY OF THE SUMMONS, AND A COPY OF EXHIBIT 2, IN BOTH ENGLISH AND SPANISH WITHIN 5 DAYS FORM A AND $100.00 PAYMENT SUBMITTED TO AFTER SUIT IS PROGRAM MANAGER AND CONTACT INFORMATION FILED OR CASE AND PHONE NUMBER FOR ALL NOTE HOLDERS REFERRED TO SUBMITTED VIA SECURE DEDICATED E-MAIL ADDRESS RMFM BY COURT | BY PLAINTIFF’S COUNSEL ($50.00 LATE FEE APPLIES IP ORDER NON-COMPLIANT) WITHIN 40 DAYS | BORROWER MUST CONTACT PROGRAM MANAGER AFTER DATE AND PAY $250.00 MEDIATION FEE ELIGIBLE* WITHIN 40 DAYS | PROGRAM MANAGER WILL CONTACT PLAINTIFF'S AFTER DATE COUNSEL TO OBTAIN LIST OF DOCUMENTS ELIGIBLE* REQUESTED BY PLAINTIFF AND $150.00 PAYMENT ONLY AFTER THE BORROWER HAS PAID THEIR PORTION OF THE MEDIATION FEE ($250.00) WITHIN 55 DAYS | BORROWER MUST SUBMIT LIST OF DOCUMENTS AFTER DATE REQUESTED BY PLAINTIFF TO PROGRAM MANAGER ELIGIBLE* WITHIN 55 DAYS | MEDIATION SESSION MUST BE SCHEDULED AFTER DATE ELIGIBLE*AT LEAST 5 DAYS | ANY AMENDED FORM A DESIGNATION OF THE PRIOR TO PLAINTIFF’S REPRESENTATIVE MUST BE FILED WITH MEDIATION CLERK 1 DAY PRIOR TO | ANY AMENDED FORM A DESIGNATION OF THE MEDIATION PLAINTIFF’S REPRESENTATIVE MUST BE TRANSMITTED TO PROGRAM MANAGER WITHIN 100 DAYS | MEDIATION IS COMPLETED AFTER DATE ELIGIBLE* WITHIN 10 DAYS =| MEDIATION REPORT FILED WITH THE CLERK BY AFTER PROGRAM MANAGER MEDIATION * Date Eligible = plaintiff's counsel submits Form A, borrower contact information and $100.00 payment is received by the Program Manager. 19. Reinstatement Procedures. In the event of reinstatement to the RMFM Program, borrower is responsible for paying their share of the program fees ($250.00) within five (5) days of the reinstatement date. After the borrower pays their share of the fees, the case timeline will be tolled by the number of additional days until Program Manager receives both the $150.00 payment and List of Borrower Documents crafted for each individual case from the plaintiff. After a case is reinstated, borrower has twenty (20) days to send Program Manager the List of Borrower Documents as requested by plaintiff and to schedule mediation. The borrower has fifty (50) days from the date of reinstatement to complete mediation. The Program Manager may file a Notice of Non- Participation if borrower fails to comply with these deadlines. When a case is reinstated by agreement of the parties, the Program Manager may file a Notice of Withdrawal of Non- Participation.In the event of reinstatement, the following timelines shall be followed: SUMMARY OF RMFM TIMELINES FOR REINSTATED CASES WITHIN 5 DAYS AFTER BORROWER SHALL PAY $250.00 REINSTATEMENT DATE* PROGRAM FEE WITHIN 5 DAYS AFTER PROGRAM MANAGER WILL CONTACT REINSTATEMENT AND PAYMENT OF $250.00 BY THE BORROWER PLAINTIFF’S COUNSEL TO OBTAIN LIST OF DOCUMENTS REQUESTED BY PLAINTIFF AND $150.00 PAYMENT ONLY AFTER THE BORROWER HAS PAID THEIR PORTION OF THE MEDIATION FEE ($250.00) WITHIN 20 DAYS OF BORROWER SHALL PROVIDE LIST OF REINSTATEMENT DATE* DOCUMENTS REQUESTED BY PLAINTIFF TO PROGRAM MANAGER, AND SCHEDULE DATE FOR MEDIATION WITH PROGRAM MANAGER WITHIN 50 DAYS OF MEDIATION MUST OCCUR REINSTATEMENT DATE* * Reinstatement Date = date of plaintiff consent to reinstate or receipt of reinstatement order by the Program Manager. RMEFM Program Fees 20. RMFM Program Fees. The fee structure for the RMFM Program is based on the assumption that a successful mediation can be accomplished with one mediation session. Accordingly, pursuant to rule 1.720(k), Florida Rules of Civil Procedure, the reasonable program fees for the managed mediation, the mediator’s fee, and administration of the managed mediation program, is a total of no more than $500.00 payable as follows: 1) $100.00 paid by plaintiff to the Program Manager within five (5) days after filing Form A with the clerk of court for program fees of the RMFM Program, including outreach to the borrower and case screening fees; and 2) $250.00 paid by borrower to the Program Manager within the borrower contact time period for RMFM Program fees; and 3) $150.00 paid by plaintiff to the Program Manager only after borrower has paid their share of program fees.The first $100.00 payment by plaintiff must be sent to the Program Manager within five (5) days after filing Form A with the clerk of court. A photocopy of Form A must accompany payment, and the information on the payment must match the information recorded on Form A. Payment shall be in the form of check or money order made payable to The Osceola County Board of County Commissioners, c/o RMFM Program Manager, 2 Courthouse Square, Suite 6300, Kissimmee, Florida 34741. The Osceola Board of County Commissioners shall receive said fees from the Program Manager and designate same for the Osceola County RMFM Program Fees Trust Fund, No personal checks will be accepted. The court case number must be recorded on the check, If the case is not resolved through the mediation process, the presiding judge may tax the program fees as a cost or apply it as a set off in the final judgment of foreclosure. If mediation is scheduled and the borrower announces an intention not to participate further in the RMFM Program prior to the mediation session, or the borrower fails to provide the requested documents and/or schedule mediation within the timelines provided, or if the case settles and the Program Manager has notice of the settlement at least one (1) business day prior to the mediation session, the parties shall be entitled to a refund of the Program Fees allocated for the mediation session. In this case, each party will be refunded $75.00 for mediator fees. The total fees include the mediator’s fees and costs and the cost to the Program Manager for administration of the managed mediation program which includes but is not limited to providing neutral meeting and caucus space, scheduling, telephone lines and instruments, infrastructure to support a secure dedicated e-mail address or other secure system for information. In order to cancel and/or reschedule mediation, all parties must consent to the change and notify the Program Manager. If a mediation session is cancelled the same day the mediation was scheduled to occur, the parties will not be refunded the portion of the fee set aside for payment to the mediator. If all parties agree to reschedule the mediation the same day mediation was scheduled to occur, the parties will not be refunded the mediation fee. If all parties agree to reschedule the mediation the same day mediation was scheduled to occur, the parties must pay an 20additional mediator fee, unless the reschedule is due to a medical emergency for a party. Mediators will be paid for same day cancellations by a party unless the cancellation is due to a medical emergency for a party. If mediation is cancelled prior to the date that mediation was scheduled to occur, both parties will receive a refund of $75.00 for the mediator fee. In the event of an adjournment, all parties must agree to adjourn and pay the additional mediator fee but the parties will not have to pay any additional program fees. If a case is settled prior to mediation, plaintiffs counsel must provide the Program Manager a copy of the dismissal order. Upon receipt of the dismissal order, Program Manager shall refund each party the amount of $75.00 for the mediator fee. Program Manager to Monitor Compliance and Satisfaction 21. Monitoring Compliance Concerning Certain Provisions of This Order, Satisfaction with RMFM Program, and Program Operation. The Program Manager shall be responsible for monitoring whether Form A has been filed in all residential foreclosure actions that commence after the effective date of this Order and whether the RMFM Program fees have been paid if the residence is a homestead residence. The Program Manager shall send compliance reports to the Chief Judge or the Chief Judge’s designee in the format requested by the Chief Judge. The reports shall be monthly or quarterly as determined by the Chief Judge. The Program Manager may assist with enforcing compliance with this Order upon filing a written motion pursuant to rule 1.100(b), Florida Rules of Civil Procedure, stating with particularity the grounds therefore and the relief or order sought. Example orders are attached as Exhibit 7. 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 containing statistical information about the status of cases in the RMFM Program and RMFM Program finances in the format and with the 21frequency requested by the Chief Judge. The reports shall be upon request of the Chief Judge or Chief Judge’s designee. The Program Manager shall also implement a reporting system to collect data on the number of cases referred to the Program and whether the cases settled, adjourned, or ended in no agreement. Further, the Program Manager shall track the percentage of cases referred to the Program that result in the Program Manager successfully contacting borrowers; the percentage of scheduled mediations failing to go forward because plaintiffs representative did not appear; the percentage of scheduled mediations failing to go forward because the borrower did not appear; and the percentage of mediations resulting in partial or complete agreements compared to those resulting in no agreement. 22. Designation of Plaintiff Liaisons with RMFM Program. Any plaintiff who has filed five (5) or more foreclosure actions in the Ninth Judicial Circuit while this 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. Plaintiffs counsel shall provide written notice of the name, phone number (including extension), e-mail, and mailing address of both liaisons to the Chief Judge and the Program Manager within thirty (30) days after the effective date of this Order, and on the first Monday of each February thereafter while this Order is in effect. The liaisons shall be informed of the requirements of this 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 plaintiff's cases through the RMFM Program. Plaintiff's counsel shall promptly inform the Chief Judge and the Program Manager of any changes in designation of the liaisons and the contact information of the liaisons. 22The liaisons shall act as the Court’s point of contact in the event the plaintiff fails to comply with this 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 23. List of Participating Mediators and Rotation of Mediators. The Program Manager shall post on its 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 Manager 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 require 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 in the RMFM Program, unless the parties mutually agree, in writing, on a specific mediator or the case requires a particular skill on the part of the mediator. In an effort to maintain the performance and quality of the RMFM Program, it shall be in the Chief Judge’s discretion to remove any mediator from rotation, in consultation with the Program Manager, should circumstances arise which warrant the removal of the mediator from the RMFM Program list of mediators. Administrative Order No. 2012-07 is vacated and set aside and has been incorporated and/or amended herein. DONE AND ORDERED at Orlando, Florida, this 3 day of November, 2015. /s/. Frederick J. Lauten Chief JudgeCopies to: Clerk of Courts, Orange County Clerk of Courts, Osceola County General E-Mail Distribution List http://www. ninthcircuit.org 24