Fla. Stat. 48.042
Service on incompetent

(1)

Process against an incompetent shall be served:By serving two copies of the process to the person who has care or custody of the incompetent or, when there is a legal guardian appointed for the incompetent, by serving the guardian as provided in s. 48.031.By serving the guardian ad litem or other person, if one is appointed by the court to represent the incompetent. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.

(a)

By serving two copies of the process to the person who has care or custody of the incompetent or, when there is a legal guardian appointed for the incompetent, by serving the guardian as provided in s. 48.031.

(b)

By serving the guardian ad litem or other person, if one is appointed by the court to represent the incompetent. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.

(2)

In all cases heretofore adjudicated in which process was served on an incompetent as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the incompetent.

Source: Section 48.042 — Service on incompetent, https://www.­flsenate.­gov/Laws/Statutes/2024/0048.­042 (accessed Aug. 7, 2025).

48.011
Process 48.19
Service on nonresidents operating aircraft or watercraft in the state 48.20
Service of process on Sunday 48.21
Return of execution of process 48.021
Process 48.22
Cumulative to other laws 48.23
Lis pendens 48.25
Short title 48.27
Certified process servers 48.29
Certification of process servers 48.31
Removal of certified process servers 48.031
Service of process generally 48.041
Service on minor 48.042
Service on incompetent 48.051
Service on state prisoners 48.061
Service on partnerships, limited liability partnerships, and limited partnerships 48.062
Service on a domestic limited liability company or registered foreign limited liability company 48.071
Service on agents of nonresidents doing business in the state 48.081
Service on a domestic corporation or registered foreign corporation 48.091
Partnerships, corporations, and limited liability companies 48.092
Service on financial institutions 48.101
Service on dissolved corporations, dissolved limited liability companies, dissolved limited partnerships, and dissolved limited liability partnerships 48.102
Service by other means 48.111
Service on public agencies and officers 48.121
Service on the state 48.131
Service on alien property custodian 48.141
Service on labor unions 48.151
Service on statutory agents for certain persons 48.161
Method of substituted service on nonresident 48.171
Service on nonresident motor vehicle owners, etc 48.181
Substituted service on nonresidents and foreign business entities engaging in business in state or concealing their whereabouts 48.183
Service of process in action for possession of premises 48.184
Service of process for removal of unknown parties in possession 48.193
Acts subjecting person to jurisdiction of courts of state 48.194
Personal service in another state, territory, or commonwealth of the United States 48.195
Service of foreign process 48.196
Service of process in connection with actions under the Florida International Commercial Arbitration Act 48.197
Service in a foreign country

Current through Fall 2025

§ 48.042. Svc. on incompetent's source at flsenate​.gov