When is a Florida state-party answer due outside section 768.28?

Identify the actual state party and whether any officer or employee is sued in an official capacity.

Establish that the section 768.28 procedure does not govern this response.

Obtain valid actual service of the relevant pleading and resolve motions and court orders.

1. Identify the actual state party and whether any officer or employee is sued in an official capacity.
2. Rule 1.090(a) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
4. Complete the required act with the proper court or recipient.

Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.

Fictitious example

Fictitious facts. A qualifying state agency is validly served in a civil action outside section 768.28, with no altered motion or order timetable. The established triggering event is August 2, 2027. No mail-only addition, further clerk closure, actual extension or different court order applies.

Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.

The state-party and statutory branches differ

Rule 1.140(a)(2)(A) gives forty days to the state, a state agency and an officer or employee sued in an official capacity, except the stated section 768.28 branch. Paragraph (a)(2)(B) gives thirty days to the Department of Financial Services or defendant state agency in that branch. Establish the actual defendant and governing statute before choosing a period.

Employment alone does not establish official-capacity treatment

Paragraph (a)(2)(A) expressly refers to the state, an agency, or an officer or employee sued in an official capacity. Confirm the capacity actually pleaded and the applicable defendant rather than applying forty days to every state employee.

A qualifying motion changes the response timetable

Under Rule 1.140(a)(3), service of a motion under the rule ordinarily changes the response periods. A judgment-on-the-pleadings motion and a paragraph (f) motion to strike do not have that effect. Denial or postponement until trial starts the specified ten days from order filing; a granted more-definite-statement motion uses actual statement service. An actual court direction can set another time.

An extension requires its actual legal basis

Rule 1.090(b)(1) permits the court to extend an ordinary covered period for good cause before expiry, or on a motion after expiry upon excusable neglect. A request does not itself grant relief. Case-management deadlines follow Rules 1.200 or 1.201, and paragraph (b)(2) excludes its listed procedures. This base calculator assumes no granted extension or other controlling time.

• This page does not establish valid service, pleading sufficiency, waived defenses or permission to extend a period.
• Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

• Identify the actual state party and whether any officer or employee is sued in an official capacity.
• Establish that the section 768.28 procedure does not govern this response.
• Obtain valid actual service of the relevant pleading and resolve motions and court orders.
• Rule 1.140(a)(2)(A) gives forty days to the state, a state agency and an officer or employee sued in an official capacity, except the stated section 768.28 branch. Paragraph (a)(2)(B) gives thirty days to the Department of Financial Services or defendant state agency in that branch. Establish the actual defendant and governing statute before choosing a period.
• Paragraph (a)(2)(A) expressly refers to the state, an agency, or an officer or employee sued in an official capacity. Confirm the capacity actually pleaded and the applicable defendant rather than applying forty days to every state employee.
• Under Rule 1.140(a)(3), service of a motion under the rule ordinarily changes the response periods. A judgment-on-the-pleadings motion and a paragraph (f) motion to strike do not have that effect. Denial or postponement until trial starts the specified ten days from order filing; a granted more-definite-statement motion uses actual statement service. An actual court direction can set another time.
• Rule 1.090(b)(1) permits the court to extend an ordinary covered period for good cause before expiry, or on a motion after expiry upon excusable neglect. A request does not itself grant relief. Case-management deadlines follow Rules 1.200 or 1.201, and paragraph (b)(2) excludes its listed procedures. This base calculator assumes no granted extension or other controlling time.
• Serve and file the response required for the actual complaint, crossclaim or counterclaim branch. Preserve the party-capacity record, applicable pleading, service and response receipts. Rule 1.080(b) incorporates Rule 2.525 filing. Attorneys ordinarily file through the portal or designated electronic facility. An eligible unrepresented party may elect electronic filing; prescribed paper exceptions remain. Preserve the successful filing timestamp under Rule 2.525(e). Rule 2.514(a)(4) ordinarily sets 11:59:59 p.m. Eastern Time for electronic filing or service by any means, and scheduled clerk closing for nonelectronic filing. Complete filing and required service as separate acts. A computed date does not establish successful submission, valid original process or sufficient pleading. Rule 1.080(a) applies Rule 2.516 to pleadings after the initial pleading and other prescribed documents. Establish each required recipient and service method. Email service is complete when sent. Portal service is complete on filing for listed recipients, subject to promptly serving a recipient known not to have received the document. Permitted mail service is complete on mailing and delivery on delivery. Rule 2.514(b) adds five days after the otherwise computed expiration only when the act is measured after service and service was made only by mail. Email or portal service does not automatically add five days. Original process, actual receipt and court-order filing are distinct events. The service-based calculator examples exclude mail-only service.