Can you show me this statute?
See This link: In addition, in 1989, the Legislature adopted Fla. Stat. Ann. 744.3215. Under 744.3215(4)(c), a guardian had the right to "[i]nitiate a petition for dissolution of marriage for the ward." Vaughn v. Guardianship of Vaughn, 648 So. 2d at 195. Thus, as of 1989, a divorce action could be filed on behalf of an incompetent spouse.
Sorry I don't remember how to look up statutes by number; perhaps someone else can help with that.
Here's a link that could help you find what you're looking for.
http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Index&Title_Request=XLIII