In Monroe County, a Marchman Act petition for involuntary substance abuse services is filed with Clerk of the Circuit Court/Comptroller for Monroe County, in Florida's Judicial Circuit 16. The petition asks a judge to order assessment, stabilization and, if needed, treatment for someone who has lost control of their substance use.
Filing in Monroe County
- Where to file: Clerk of the Circuit Court/Comptroller for Monroe County
- County seat: Key West
- Judicial circuit: Judicial Circuit 16
- Publicly funded services: Thriving Mind South Florida
Monroe County is the only county in Florida's Sixteenth Judicial Circuit.
The Monroe County Clerk's Probate and Guardianship department has offices in Key West (500 Whitehead Street), Marathon (3117 Overseas Highway) and Plantation Key (88770 Overseas Highway, Suite 2, Tavernier); the Clerk's site does not say which office takes Marchman Act petitions.
Monroe County Clerk offices, including Probate and Guardianship, are open Monday through Friday, 8:30 a.m. to 5:00 p.m.
The current s. 26.021, F.S., confirms the Sixteenth Judicial Circuit is composed of Monroe County alone.
Sources
How the process works
- File the petition for involuntary treatment services with the clerk. Florida law bars a filing fee.
- The judge reviews it. In an emergency the court can issue an ex parte order for law enforcement to take the person to a licensed provider.
- Assessment within 72 hours for adults (longer if detox or medical care is needed).
- Hearing within 10 court working days. The person has a right to a lawyer.
- Treatment order of up to 90 days if the petition is granted, renewable for up to 90 more, with discharge planning at the end.
Details: how to file a Marchman Act · requirements · how long it lasts
Detox and treatment near Monroe County
Courts order Marchman Act assessments and treatment at licensed providers. Voluntary admission is often faster and is worth trying first.
Guidance Care Center Inc
Residential / inpatientMedical detoxDual diagnosisQ Space Detox LLC
Residential / inpatientMedical detoxDavid Lawrence Center – Outpatient/Residential and Detox
Residential / inpatientMedical detoxDual diagnosisOasis Detox
Residential / inpatientMedical detoxVeterans Affairs Miami Medical Ctr – Outpatient Substance Abuse Clinic OSAC
Hospital / inpatientMedical detoxDual diagnosisA specialist can help you decide between voluntary treatment and a Marchman Act petition. Free and confidential, 24/7.
Call (866) 649-0814See the full Marchman Act guide, Marchman Act vs Baker Act and treatment in Monroe County. This page is general information, not legal advice.
Neighboring counties
- Marchman Act in Miami-Dade County
- Marchman Act in Collier County
- Marchman Act in Broward County
- Marchman Act in Lee County
Frequently asked questions
Where do I file a Marchman Act in Monroe County?
Marchman Act petitions in Monroe County are filed with Clerk of the Circuit Court/Comptroller for Monroe County in Key West. Check the clerk's official page for current forms and hours.
Who can file a Marchman Act petition?
For an adult, 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 prior treatment history can file. For a minor, only a parent, legal guardian or service provider can file.
Does the person get a lawyer?
Yes. The person named in the petition 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 person who files does not get a court-appointed lawyer.