Short Answer: Where a Marchman Act Petition Is Filed in Florida

Under Chapter 397, Florida Statutes (the Marchman Act), a petition may be filed in the county where the person is located. Other requirements may also apply, and the court decides the matter based on its discretion and the circumstances of each case. So when you ask which county court handles a Marchman Act petition in Florida, start with where the person is right now, not where the family lives.

Local steps can still vary. Call the clerk in the county where the person is located and ask about current forms and filing steps. The court decides the matter based on the petition, the evidence, and its own discretion.

What Is a Marchman Hearing?

A Marchman hearing is the court hearing where a judge decides whether a person should receive involuntary substance abuse services. The person named in the petition is the respondent. The person who files it is the petitioner.

The respondent generally must be present at the hearing. Fla. Stat. § 397.6957 allows exceptions, such as a knowing waiver or a court finding that presence is not in the person’s best interests. The court hears relevant evidence, including testimony from family members who know the person’s history. Testimony is taken under oath.

Timing depends on the court’s calendar. Fla. Stat. § 397.68151 says the court shall schedule a hearing within 10 court working days unless a continuance is granted.

If the court finds the conditions proved by clear and convincing evidence, Fla. Stat. § 397.697 says it may order involuntary treatment for up to 90 days.

Florida Circuit Courts, Counties, and Why the Clerk Matters

The clerk’s office in the county where the person is located is where a petition is filed. The clerk’s office is the place to start, even when the case later moves to a different division of the court.

Courts also use the word circuit. A circuit is a larger court district that can include more than one county.

Local offices can organize their work differently. For example, the Miami-Dade Clerk of Court directs people seeking involuntary alcohol or drug treatment to the Probate Court for adults or to Juvenile Court for minors. Another county’s clerk may send you to a different office.

When you call, ask three questions. Which division handles Marchman Act petitions? Which forms are required? How does the office accept filings? Write down the answers, because the clerk’s office is the source for local details.

Who May File and What a Petition Must Address

For an adult, Fla. Stat. § 397.68112 says a petition may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the respondent’s impairment and prior treatment. For a minor, the statute lists a parent, legal guardian, or service provider. Other requirements may apply, and the court decides whether a petition qualifies.

Fla. Stat. § 397.68141 says a petition must name the respondent and the petitioner. It must also state their relationship, the respondent’s attorney if known, and the facts that show the need for services. Those facts must give the reasons for believing the respondent is substance abuse impaired and has lost self-control.

The petition may come with an assessment report from a qualified professional who examined the respondent within 30 days before filing. If there was no assessment, the petition must say so. Fla. Stat. § 397.68111 lists other situations in which a person may be the subject of a petition.

A respondent has the right to counsel at every stage. Fla. Stat. § 397.681 also allows a waiver if the court finds it knowing, intelligent, and voluntary.

In an emergency, Fla. Stat. § 397.6818 says the court may rely on the petition alone and enter an ex parte order without appointing an attorney. The court decides whether an emergency exists.

How the Filing Guide and Pillar Page Fit Together

Our overview of the Marchman Act gives the broader picture. For the steps of preparing and submitting a petition, read how to file a Marchman Act case. For more on local Florida resources, see Florida Marchman Act resources for families.

Use these pages to understand the process before you decide on next steps.

Common Questions

Talking With Robinson Casey About Your Situation

If a family member’s drug or alcohol use has become urgent, you may be trying to learn which court to approach before you decide anything. You don’t have to sort out the court system alone.

Robinson Casey focuses its practice on Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer. The free first consultation is confidential and carries no obligation to continue. Call (561) 849-4149 or request a consultation.