A complaint shall set forth a short and plain statement of the grounds upon which the court's jurisdiction depends. Fla. R. Civ. P. 1.110 (b).
In actions for damages, the pleading must allege an amount in controversy within the jurisdiction of the court. For circuit court actions, the amount sought must be greater than $15,000 if filed before December 31, 2019 or $30,000 if filed on or after January 1, 2020 or $50,000 if filed on or after January 1, 2023. Fla. Stat. 34.01.
In actions for equitable relief, Florida caselaw holds that the pleading must allege an equitable action and the basis for jurisdiction.
A complaint shall set forth a short and plain statement of the ultimate facts showing that the pleader is entitled to relief, and a demand for judgment for the relief sought by the pleader. Fla. R. Civ. P. 1.110 (b) (amended eff 8/1/17).
The Florida Supreme Court has set forth the essential elements to the most common causes of action in the approved forms. Consult the forms in the Florida Rules of Civil Procedure.
Florida case law holds that common counts can be used when relief is warranted upon an implied promise ( e.g. , unjust enrichment).
All averments in a complaint or an amended complaint must be made in consecutively numbered paragraphs. Fla. R. Civ. P. 1.110 (f) (amended eff 8/1/17).
As far as practicable, each paragraph shall be limited to a statement of a single set of circumstances. Paragraphs may be referred to by number in all subsequent pleadings. Each claim founded upon a separate transaction or occurrence must be stated in a separate count. Fla. R. Civ. P. 1.110 (f) (amended eff 8/1/17).
According to case law and common practice, each subsequent count should not refer to or incorporate by reference paragraphs in prior counts, although it may refer to and incorporate by reference initial paragraphs, usually referred to as "allegations common to all counts" or the like.
Exhibits may be attached and incorporated by reference. Exhibits become part of the complaint. An action for the enforcement of an instrument must have the instrument attached. Fla. R. Civ. P. 1.130 (b) (amended eff 8/1/17).
It is not necessary to aver the capacity of a party to sue or be sued, the authority of a party to sue or be sued in a representative capacity, or the legal existence of an organized association of persons that is made a party, except to the extent required to show the jurisdiction of the court. The initial pleading served on behalf of a minor party shall specifically aver the age of the minor party. "To raise an issue as to the legal existence of any party, the capacity of any party to sue or be sued, or the authority of a party to sue or be sued in a representative capacity," a party must plead by specific negative averment with "supporting particulars." Fla. R. Civ. P. 1.120(a) (amended eff 1/1/17).
Fraud, Mistake, Condition of the Mind
Pleadings of fraud or mistake, shall be stated with particularity. "Malice, intent, knowledge, mental attitude, and other condition of mind of a person may be averred generally." Fla. R. Civ. P. 1.120(b) (amended eff 1/1/17).
A complaint must include a demand for judgment. Fla. R. Civ. P. 1.110 (b).
The amount of money sought to be recovered must meet or exceed the jurisdictional limits of the court. Fla. Stat. 34.01 (amended eff 1/1/21).
A claimant may not make a claim for punitive damages in the initial complaint. Punitive damages are only allowed after a "reasonable showing by evidence in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages." After such a showing is established, a claimant may move to amend the complaint to assert a claim for punitive damages as allowed by the rules of civil procedure. Fla. Stat. 768.72(1).
Special damages, such as interest under a contract, are pled separately and must be pled with specificity. Fla. R. Civ. P. 1.120(g) (amended eff 1/1/17).
Claims for attorneys' fees must be pled separately and only if provided for by law, statute, or the instrument being enforced.
Actions based on certain statutes require appropriate venue allegations.
Verified complaints are required for certain causes of action. It is good practice for the attorney to have the complaint verified in order to insulate the attorney from improper or untrue allegations by his or her client. See Pinellas County – 6th Circuit Court SmartRules™ procedural guide: MOTION FOR SANCTIONS.
Every pleading must have a caption containing the name of all of the parties, the name of of the court, the file number, and a designation identifying the party filing it.
Every motion, order, judgment, or other document must have a caption containing the name of the court, the case number the name of the first party on each side with an appropriate indication of other parties, and a designation identifying the party filing it and its nature or the nature of the order, as the case may be.
In any in rem proceeding, every pleading, motion, order, judgment, or other document must have a caption containing the name of the court, the case number, the style ―In re (followed by the name or general description of the property), and a designation of the person or entity filing it and its nature or the nature of the order, as the case may be.
The caption of a complaint must contain the full names of all parties. Fla. R. Civ. P. 1.100 (c)(1) (amended eff 8/1/17).
Designation of the party's status as "an individual" or "a corporation" is usually included.
Unknown parties may be proceeded against according to the service of process by publication rules. See Fla. Stat. 49.021.
Effective January 1, 2003, most Clerk's Offices started using the Florida Supreme Court's mandated Uniform Case Number. This is a number that is twenty characters in length, with the first fourteen characters being formatted uniformly throughout the state. The last six digits of the number will be optional fields for the county to use. The local case number, which is currently assigned, will continue to be reflected on all cases and assignments will contain both a uniform case number and a reference number. The description below illustrates the format of the new Uniform Case Number.
Example: UCN: 522003CA000001.
In practice, the complaint and all subsequent pleadings will typically contain the case number in both the local format and the UCN format.
Every pleading, motion, or other paper filed must be signed by an attorney who is a member of the Florida Bar, or by the party if he or she represents him or herself. Fla. R. Jud. A. 2.515 (a) and (b) (amended eff 10/1/22).
The signature shall constitute a certificate by the attorney that the attorney has read the document; that to the best of the attorney's knowledge, information, and belief there is good ground to support the document; that it is not interposed for delay; and that it contains no confidential or sensitive information. Fla. R. Jud. A. 2.515 (a) (amended eff 10/1/22).
A party who is not represented by an attorney must sign any document and state the party's address; primary e-mail address and secondary e-mail addresses, if any; and telephone number, including area code. Fla. R. Jud. A. 2.515 (b) (amended eff 10/1/22).
See Pinellas County – 6th Circuit Court SmartRules™ procedural guide: GENERALLY APPLICABLE RULES AND FORMATTING REQUIREMENTS.
Summons must be directed to each defendant, signed by the clerk, issued under the seal of the court and served on each defendant. Fla. R. Civ. P. 1.070.
Blank summons forms are available from the clerk of each court. The form can also be found within Fla. R. Civ. P. 1.902.
A civil cover sheet (form 1.997) must be completed and filed with the clerk at the time an initial complaint or petition is filed by the party initiating the action. Fla. R. Civ. P. 1.100 (d) (amended eff 8/17/17).
If the cover sheet is not filed, the case will be accepted by the court but abated until the cover sheet is filed.
See Pinellas County – 6th Circuit SmartRules™ procedural guide: FILING DOCUMENTS.
See Pinellas County – 6th Circuit SmartRules™ procedural guide: SERVICE OF PROCESS.
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