Marchman Act Petitions in Florida: Clear Guidance for Urgent Family Decisions

That’s the part of Florida law that lets a court order help for a person whose substance use puts them or others at risk. Older materials cite the petition rule as “former s. 397.695.” The current filing rule is in § 397.68112. This page walks through it in order, from who may file to what a court can order.

What Florida Statute 397.6950 Covers

It lets eligible people ask a judge to order involuntary services for someone with a substance use problem. The Florida Legislature’s text of § 397.68112 provides that, if the respondent is an adult, a petition for involuntary treatment services may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment.

The Marchman Act works in steps. A family member or other eligible person files a petition. The court then decides whether the person meets the law’s criteria. Before any treatment order, the court must find the conditions proved by clear and convincing evidence.

For the full process, see our involuntary addiction commitment overview.

Who Can File a Marchman Act Petition?

For an adult, a spouse, legal guardian, any relative, or a service provider can file. Any other adult can file only if they have direct personal knowledge of the person’s substance abuse impairment and that person’s prior assessment and treatment. The current filing rule sets out both paths.

For a minor, a parent, legal guardian, or service provider can file.

Your relationship to the person shapes your route to filing. A relative fits the statute’s wording directly. An adult who is not the respondent’s spouse, legal guardian, relative, or service provider must have direct personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment. Firsthand detail matters because the petition must explain why the filer believes the statutory criteria are met. Whether your family’s facts fit depends on the facts of your situation, and a lawyer can review them with you.

What the Petition Must Include

A petition must name the person and the petitioner and state how they’re related. It must also name the person’s attorney if known. The petition contents rule requires factual allegations that show why services are needed. The factual allegations must demonstrate:

• Why the filer believes the person is substance abuse impaired.
• Why the filer believes that impairment has taken away the person’s power of self-control over substance use.
• Either why the person has hurt or may hurt self or others without a court order, or why the person’s refusal of care comes from judgment so impaired they can’t understand their need for care.

A certificate or report from a qualified professional who examined the person within 30 days may come with the petition. If the person was never assessed or refused, the petition must say so. In an emergency, the petition must describe the exigent circumstances and ask for an ex parte assessment and stabilization order.

Review these points before filing. Vague claims like “he’s out of control” give the court little to test. Missing dates and specific incidents weaken the request. Skipping whether the person was assessed or refused is a gap, because the statute requires the petition to note it. In D.H. v. K.J.R. (Fla. Second District Court of Appeal 2024), the court held that the petition did not establish a good faith reason to believe D.H. met the statutory criteria for involuntary assessment and stabilization, and that the trial court erred in entering the ex parte order.

From Filing to the Court Hearing

After filing, the court moves quickly. It must decide whether the person has a lawyer or needs one. It must also set a hearing within 10 court working days, unless a continuance is granted. The court duties rule sets these steps.

Copies of the petition and hearing notice go to the person, a parent, guardian, or legal custodian if the person is a minor, their attorney if known, the petitioner, a spouse or guardian if one applies, and anyone else the court directs. The clerk also issues a summons.

The clerk may not charge a filing fee. § 397.681 sets this rule. In J.P. v. J.N. (Fla. Fifth District Court of Appeal 2017), the court stated that the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.

The person has a right to counsel at every stage, though they may waive that right if they are present and the court finds the waiver is knowing, intelligent, and voluntary. If they want a lawyer and cannot afford private counsel, they have the right to court-appointed counsel. In Hillsborough County v. Albrechta (Fla. Second District Court of Appeal 2003), the court stated that, because due process is implicated, a defendant has a constitutional right to be represented by counsel in Marchman Act proceedings.

In an emergency, a court may act on the petition alone. That order must be carried out while the hearing is pending. An order not carried out by the first hearing date is void. A service provider generally may not hold the person for more than 72 hours of observation, with exceptions the statute lists. § 397.6818 covers these rules.

If the person is an adult child, our guide to adult children who refuse treatment covers that situation.

What the Court May Order and What Happens Next

If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment services for up to 90 days. The court may order private treatment if the person can pay. It may also do so if someone acting for them shows they are willing and able to pay. § 397.697 sets these limits.

At the hearing, the person must be present unless they knowingly waive that right or the court finds presence isn’t in their best interests. The court hears all relevant evidence, including family members who know the person’s history. Testimony is under oath and recorded. The person may refuse to testify. § 397.6957 sets these hearing rules.

The petitioner carries the burden of proof. In J.C. v. State (Fla. Fifth District Court of Appeal 2020), the court stated that the trial court failed to follow the applicable statute by essentially functioning as the absent petitioner. A later Fifth District decision applied the same rule. A Fourth District court reached a different result on a similar question and certified conflict, so this rule comes from Fifth District decisions.

Services end after 90 days unless a renewal petition is filed before that period expires. The court may then order up to 90 more days. § 397.6975 covers renewal. § 397.6971 sets these discharge rules.

Families comparing court-ordered care with a voluntary residential program can read Marchman Act vs. sober living in Florida. Medication questions are covered in Marchman Act and medication-assisted treatment.

No outcome can be promised in advance. Each case turns on its own evidence.

Common Questions About the Marchman Act

The Marchman Act is Florida’s law for court-ordered assessment and treatment of substance abuse impairment.

Talk With Robinson Casey About Your Family’s Situation

Reading statute text while you worry about someone you love is hard. You may be trying to work out whether a family member’s drinking or drug use has become dangerous. You may also wonder whether they’ll accept help. You don’t have to sort out the law alone.

Robinson & Casey limits its practice to Marchman Act petitions and guardianship matters. Your first consultation is free, confidential, and comes with no obligation to continue.

Call (561) 849-4149 or reach out through our contact page.

Responsible lawyer: Richard J. Casey III, Esq. Some matters may be referred to another lawyer or firm when that is appropriate.