How to Marchman Act Someone in Florida | Step-by-Step Filing Guide

How to File a Marchman Act in Florida: Step by Stepfloridarehab.net

To Marchman Act someone in Florida, you file a petition for involuntary treatment services with the clerk of court in the county where the person is located. The clerk cannot charge a filing fee. A judge reviews it, can order immediate pickup in an emergency, and holds a hearing within 10 court working days.

Step 1: Make sure you can file

For an adult, the petition can be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person's substance abuse impairment and their prior assessment and treatment history. For a minor, only a parent, legal guardian or service provider can file.

Step 2: Check that the person meets the criteria

The petition must show facts supporting a good-faith belief that the person is substance abuse impaired, has lost self-control over their use, and either can't make a rational decision about needing care or is likely to cause serious harm to themselves or others without it. See Marchman Act requirements.

Step 3: Gather the facts

The petition names you, the person (the respondent) and your relationship, and describes specific, recent behavior: overdoses, arrests, threats, medical emergencies, failed treatment attempts. If a qualified professional examined the person within the last 30 days, that report can be attached. If no assessment was done or the person refused one, the petition must say so.

Step 4: Get the forms and file with the clerk

Petition forms come from your county clerk of court; many clerks post a Marchman Act packet online and some offer self-help staff. File in the county where the person is located. Depending on the county you may be able to file in person, by mail or through the Florida Courts E-Filing Portal. Some clerks require the petition to be signed before a notary or deputy clerk. Find your county's filing details.

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Step 5: Line up a treatment bed

Courts order assessment and treatment at licensed providers. Several clerks and circuits advise confirming that a detox or treatment provider has space before filing. If you plan to use private insurance or pay privately, the court can send the person to a private provider; otherwise the order goes to a publicly funded provider.

Step 6: The judge reviews the petition

If the situation is urgent, the court can issue an ex parte order without a hearing first, directing law enforcement to pick up the person and take them to the nearest appropriate licensed provider for assessment and stabilization. The provider can generally hold the person for up to 72 hours of observation, longer if needed for detox or medical care. If the person can't be found, the order stays valid for up to 90 days.

Step 7: The hearing

The court schedules a hearing within 10 court working days unless it is continued. The person has a right to a lawyer at every stage, and the court can appoint one through the office of criminal conflict and civil regional counsel. The petitioner does not get a court-appointed lawyer and must present the evidence. The standard is clear and convincing evidence. Family testimony is allowed, the court can order drug testing, and witnesses can sometimes appear remotely.

Step 8: The order and treatment

If the petition is granted, the court can order involuntary treatment for up to 90 days, at the person's chosen licensed provider when possible. The provider or original petitioner can ask for up to 90 more days before the order expires. At the end, the person is discharged with a required discharge plan covering follow-up care, medications, housing and recovery supports.

What it costs

Florida law bars the clerk from charging a filing fee for a Marchman Act petition. Other costs can apply, such as sheriff service fees in some counties and the cost of private treatment if you choose a private provider.

Each county handles filing a little differently. Find your county's clerk, filing location and nearby detox programs on our Marchman Act by county page.

This guide is general information about Florida law, not legal advice. Laws and local procedures change; check with your county clerk or an attorney before filing.

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How to File a Marchman Act in Florida: Step by Step