A Marchman Act Petition Was Filed on You? Start With the Next Steps.

If someone filed a Marchman Act petition on me in Florida, the first step is understanding what the papers ask for. A Marchman Act petition asks a Florida court to order an involuntary assessment for substance use and, if the statute’s criteria are met, involuntary treatment. The court makes that decision after a hearing.

This guide explains the petition, your rights as the person named, and what the hearing involves.

What a Marchman Act Petition Is and Who It Names

A Marchman Act petition is a civil request to a Florida court for involuntary help with substance use. The law’s official name is the Hal S. Marchman Alcohol and Other Drug Services Act, as Fla. Stat. § 397.301 states.

The adult named in the petition is the respondent. The person who files it is the petitioner.

Who may file depends on who is named. Under Fla. Stat. § 397.68112, for an adult respondent, a petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment. Other requirements may apply, and the court decides.

The petition must name both parties, describe their relationship, and give the facts supporting the need for services. Fla. Stat. § 397.68141 lists these requirements. The petition is filed with the clerk in the county where the person is located, and the clerk may not charge a filing fee, under Fla. Stat. § 397.681. For Miami-Dade, the Miami-Dade Clerk mental health court page directs adults to the Probate Court.

The Marchman Act covers substance use. Mental health commitments fall under a different Florida law, so the wording on your papers matters. The Lake County Clerk substance abuse page describes the substance use process.

What the Petition Asks the Court to Do

The petition asks the court to order involuntary assessment, stabilization, or treatment. The judge decides whether to order any of these after hearing the evidence.

In an emergency, the court may act before the full hearing. Under Fla. Stat. § 397.6818, the court may rely on the petition alone and, without appointing an attorney, enter an ex parte order for assessment and stabilization.

The criteria are set out in Fla. Stat. § 397.675. The person must be substance abuse impaired, or have a substance use disorder with a co-occurring mental health disorder. Because of that condition, the person must have lost the power of self-control with respect to substance use. The statute then sets out two further tests, one about impaired judgment and one about risk of harm. The full text lists each element, and the court applies them.

If the court finds the conditions proved by clear and convincing evidence, Fla. Stat. § 397.697 says the court may order treatment for a period not to exceed 90 days.

Your Rights as the Person Named

The statute gives the person named several protections. The court decides how each applies to your case.

• Notice. Under Fla. Stat. § 397.68151, a copy of the petition and the hearing notice must be provided to the respondent. The clerk also issues a summons to the person whose admission is sought.
• Counsel. Under Fla. Stat. § 397.681, the respondent has the right to counsel at every stage. You may waive counsel only if you are present and the court finds the waiver knowing, intelligent, and voluntary.
• Appointed counsel. A respondent who cannot afford private counsel may ask for court-appointed counsel.
• Presence. Under Fla. Stat. § 397.6957, the respondent must be present at the hearing unless the court makes specific findings about waiver or the respondent’s best interests.
• Assessment. The respondent may not be ordered into treatment without a clinical assessment. That rule does not apply if the respondent is present in court and expressly waives the assessment. The respondent may also request an independent assessment.
• Testimony. Testimony is taken under oath, and the respondent may refuse to testify.

Responding to a Petition, Step by Step

Start by reading the papers closely, then get advice before the hearing.

1. Read the petition and the notice. Note the court, the case number, the hearing date, and every name listed.
2. Write down the facts. List dates, events, and people who know about the situation. Bring this list to any conversation with a lawyer.
3. Plan around the hearing date. Fla. Stat. § 397.68151 says the court shall schedule the hearing within 10 court working days unless a continuance is granted. The court’s calendar and discretion control the actual timing.
4. Present your position. The court hears all relevant evidence, including testimony from family members familiar with your history. It may also order drug tests, under Fla. Stat. § 397.6957.

What Representation Covers

A lawyer can review the petition, prepare filings the court allows, and speak for the person named at the hearing.

• Review. A lawyer can review the petition, supporting papers, and the statutory criteria that apply.
• Access. Under Fla. Stat. § 397.68151, an attorney representing the person has access to the person, witnesses, and relevant records.
• Filings. A lawyer can prepare written responses and filings that the court permits.
• Hearing. A lawyer can present the person’s position and question witnesses, as the court allows.
• Treatment questions. A lawyer can discuss treatment options and how they relate to any court order. No lawyer can promise a particular result.

Common Questions About Responding to a Marchman Act Petition

These answers cover the first questions readers ask on this topic.

Why Work With Robinson Casey

Robinson Casey is a Florida law firm that limits practice to Marchman Act petitions and guardianship matters. That includes involuntary commitment for addiction and several guardianship types, including emergency temporary, plenary, limited, and mental health guardianship.

Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team includes support staff who handle office and administrative work.

Your first consultation is free, confidential, and carries no obligation to continue.

Attorney Advertising. This page is general information, not legal advice.

Talk With Someone About Your Situation

A petition can arrive at a hard time, when the papers are confusing and a hearing date is close. If a Marchman Act petition was filed about you or someone close to you, you don’t have to sort through the notice alone. Our team can talk with you about the specific petition and your questions. Call (561) 849-4700 or request a consultation.