Fla. R. Civ. P. 1.260

(a) Death.

(1) If a party dies and the claim is not thereby

extinguished, the court may order substitution of the proper

parties. The motion for substitution may be made by any party or

by the successors or representatives of the deceased party and,

together with the notice of hearing, shall be filed and served on all

parties as provided in Florida Rule of General Practice and Judicial

Administration 2.516 and upon persons not parties in the manner

provided for the service of a summons. Unless the motion for

substitution is made within 90 days after a statement noting the

death is filed and served on all parties as provided in Rule of

General Practice and Judicial Administration 2.516, the action shall

be dismissed as to the deceased party.

(2) In the event of the death of one or more of the

plaintiffs or of one or more of the defendants in an action in which

the right sought to be enforced survives only to the surviving

plaintiffs or only against the surviving defendants, the action shall

not abate. A statement noting the death shall be filed and served on

all parties as provided in Rule of General Practice and Judicial

Administration 2.516 and the action shall proceed in favor of or

against the surviving parties.

(b) Incompetency. If a party becomes incompetent, the

court, upon motion filed and served as provided in subdivision (a) of

this rule, may allow the action to be continued by or against that

person’s representative.

(c) Transfer of Interest. In case of any transfer of interest,

the action may be continued by or against the original party, unless

the court upon motion directs the person to whom the interest is

transferred to be substituted in the action or joined with the

original party. Service of the motion shall be made as provided in

subdivision (a) of this rule.

(d) Public Officers; Death or Separation from Office

(1) When a public officer is a party to an action in an

official capacity and during its pendency dies, resigns, or otherwise

ceases to hold office, the action does not abate and the officer’s

successor is automatically substituted as a party. Proceedings

following the substitution shall be in the name of the substituted

party, but any misnomer not affecting the substantial rights of the

parties shall be disregarded. An order of substitution may be

entered at any time, but the omission to enter such an order shall

not affect the substitution.

(2) When a public officer sues or is sued in an official

capacity, the officer may be described as a party by the official title

rather than by name but the court may require the officer’s name to

be added.