After a responsive pleading has been filed, a party may amend the complaint once by leave of court or by consent of the other party.
Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed.

Palm Beach County – 15th Circuit Court, Florida. Serving a responsive pleading terminated the right to amend. Jones v. If the defendant has never filed a demurrer or motion to strike, then the amended complaint must be personally served. Petition was amended and filed with court on the 21st day, along with motion to leave to amend complaint.

Boca Burger, Inc. v. Forum, 912 So. RULE 1.190 AMENDED AND SUPPLEMENTAL PLEADINGS (a) Amendments. The complaint can be refiled so long as the statute of limitations has not run. Pursuant to Florida Rule of Civil Procedure 1.190(a), Plaintiff hereby amends its Complaint and files its Amended Complaint (attached as Exhibit A) as a matter of course and pursuant to the rule, the Amended Complaint is hereby filed on the date of this filing. Florida Rule Civil Procedure 1.190. Serving a responsive pleading terminated the right to amend.

(a) Amendments Before Trial.

Former Rule 15(a) addressed amendment of a pleading to which a responsive pleading is required by distinguishing between the means used to challenge the pleading. RULE 1.190 AMENDED AND SUPPLEMENTAL PLEADINGS (a) Amendments. Timing Without Leave of Court > > Read More.. With Leave of Court. Is a new process of service required on amended petitions in FL family law case? A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served. Does a process server have to be licensed in Florida? Amended Complaint. Florida Rule Civil Procedure 1.070. An amended complaint must be personally served just like the original complaint UNLESS the defendant has filed a general appearance (such as by demurrer or motion to strike). Process servers in Florida must be appointed by a Sheriff with some exceptions. An amended complaint may adopt some or all of the allegations in the original complaint, but the identification of the particular allegations to be adopted must be clear and explicit.
(1) Amending as a Matter of Course. Rule 15(a)(1) is amended to make three changes in the time allowed to make one amendment as a matter of course. See Feigin v. Hospital Staffing Services , Inc. , 569 So.2d 941 (Fla. 4 th DCA 1990) (affirming the trial court’s …

The requirements and exceptions are listed under the 48.021 Process; by whom served, 48.27 Certified process servers and 48.29 Certification of process servers headings of this page. A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served. Former Rule 15(a) addressed amendment of a pleading to which a responsive pleading is required by distinguishing between the means used to challenge the pleading. Florida Rules of Civil Procedure. Florida Rule Civil Procedure 1.190. A Plaintiff's Perspective in Filing an Amended Complaint By James Heneghan on Apr 5th, 2019 A civil lawsuit generally has a time limitation in which the injured party must file a lawsuit by or they will forever waive their rights to file a claim. To avoid confusion, the safer course is to file an amended complaint that is complete in itself. When service of process is to be made under statutes authorizing service on nonresidents of Florida, ... the 120-day period for service of amended complaints on the new party or parties shall begin upon the … Id.

A judge's discretion to deny amendment of a complaint arises only after the defendant files an answer or if the plaintiff already has exercised the right to amend once.

Florida Rule of Civil Procedure 1.190(c) provides that an amended complaint relates back to the date of the original complaint (not the date of the motion to amend) when the claim in the amended complaint arose out of complaint at any point prior to the trial court’s ruling on a motion to dismiss. 2d 561, 567 (Fla. 2005).