Fla. R. Civ. P. 1.140

(a) When Presented.

(1) Unless a different time is prescribed in a statute of

Florida, a defendant must serve an answer within 20 days after

service of original process and the initial pleading on the defendant,

or not later than the date fixed in a notice by publication. A party

served with a pleading stating a crossclaim against that party must

serve an answer to it within 20 days after service on that party. The

plaintiff must serve an answer to a counterclaim within 20 days

after service of the counterclaim. If a reply is required, the reply

must be served within 20 days after service of the answer.

(2) (A) Except when sued pursuant to section 768.28,

Florida Statutes, the state of Florida, an agency of the state, or an

officer or employee of the state sued in an official capacity must

serve an answer to the complaint or crossclaim, or a reply to a

counterclaim, within 40 days after service.

(B) When sued pursuant to section 768.28,

Florida Statutes, the Department of Financial Services or the

defendant state agency has 30 days from the date of service within

which to serve an answer to the complaint or crossclaim or a reply

to a counterclaim.

(3) The service of a motion under this rule, except a

motion for judgment on the pleadings or a motion to strike under

subdivision (f), alters these periods of time so that if the court

denies the motion or postpones its disposition until the trial on the

merits, the responsive pleadings must be served within 10 days

after the filing of the court’s order or, if the court grants a motion

for a more definite statement, the responsive pleadings must be

served within 10 days after service of the more definite statement

unless a different time is fixed by the court in either case.

(4) If the court permits or requires an amended or

responsive pleading or a more definite statement, the pleading or

statement must be served within 10 days after the filing of the

court’s order unless a different time is fixed by the court. Responses

to the pleadings or statements must be served within 10 days of

service of the pleadings or statements.

(b) How Presented. Every defense in law or fact to a claim

for relief in a pleading must be asserted in the responsive pleading,

if one is required, but the following defenses may be made by

motion at the option of the pleader: (1) lack of jurisdiction over the

subject matter, (2) lack of jurisdiction over the person, (3) improper

venue, (4) insufficiency of process, (5) insufficiency of service of

process, (6) failure to state a cause of action, and (7) failure to join

indispensable parties. A motion making any of these defenses must

be made before pleading if a further pleading is permitted. The

grounds on which any of the enumerated defenses are based and

the substantial matters of law intended to be argued must be stated

specifically and with particularity in the responsive pleading or

motion. Any ground not stated must be deemed to be waived except

any ground showing that the court lacks jurisdiction of the subject

matter may be made at any time. No defense or objection is waived

by being joined with other defenses or objections in a responsive

pleading or motion. If a pleading sets forth a claim for relief to

which the adverse party is not required to serve a responsive

pleading, the adverse party may assert any defense in law or fact to

that claim for relief at the trial, except that the objection of failure to

state a legal defense in an answer or reply must be asserted by

motion to strike the defense within 20 days after service of the

answer or reply.

(c) Motion for Judgment on the Pleadings. After the

pleadings are closed, but within such time as not to delay the trial,

any party may move for judgment on the pleadings.

(d) Preliminary Hearings. The defenses 1 to 7 in

subdivision (b) of this rule, whether made in a pleading or by

motion, and the motion for judgment in subdivision (c) of this rule

must be heard and determined before trial on application of any

party unless the court orders that the hearing and determination

must be deferred until the trial.

(e) Motion for More Definite Statement. If a pleading to

which a responsive pleading is permitted is so vague or ambiguous

that a party cannot reasonably be required to frame a responsive

pleading, that party may move for a more definite statement before

interposing a responsive pleading. The motion must point out the

defects complained of and the details desired. If the motion is

granted and the order of the court is not obeyed within 10 days

after the filing of the order or such other time as the court may fix,

the court may strike the pleading to which the motion was directed

or make such order as it deems just.

(f) Motion to Strike. A party may move to strike or the

court may strike redundant, immaterial, impertinent, or scandalous

matter from any pleading at any time.

(g) Consolidation of Defenses. A party who makes a motion

under this rule may join with it the other motions herein provided

for and then available to that party. If a party makes a motion

under this rule but omits from it any defenses or objections then

available to that party that this rule permits to be raised by motion,

that party shall not thereafter make a motion based on any of the

defenses or objections omitted, except as provided in subdivision

(h)(2) of this rule.

(h) Waiver of Defenses.

(1) A party waives all defenses and objections that the

party does not present either by motion under subdivisions (b), (e),

or (f) of this rule or, if the party has made no motion, in a

responsive pleading except as provided in subdivision (h)(2).

(2) The defenses of failure to state a cause of action or

a legal defense or to join an indispensable party may be raised by

motion for judgment on the pleadings or at the trial on the merits in

addition to being raised either in a motion under subdivision (b) or

in the answer or reply. The defense of lack of jurisdiction of the

subject matter may be raised at any time.