Involuntary Commitment for Cocaine Addiction in Florida

Florida’s Marchman Act lets a family ask a court to order involuntary assessment and treatment for a person whose substance use meets the legal standard. The statute is written around substance abuse impairment, not a list of drugs, so the same standard applies to cocaine. This page explains how a family petition works, from what the court looks for to what each step involves. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.

What Involuntary Commitment for Cocaine Addiction Means in Florida

Involuntary commitment for cocaine addiction in Florida is a civil court process, not a voluntary admission. A judge decides whether the legal criteria are met.

The impairment must have caused them to lose the power of self-control with respect to substance abuse.

The person must also meet one more test. They must need substance abuse services and be unable to appreciate that need because of their impairment, or be likely to neglect themselves in a way that poses a real and present threat of substantial harm to their well-being, where it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services. They may also have inflicted, threatened, or attempted to inflict physical harm on themselves or another, or be likely to do so unless admitted, and there must be a substantial likelihood of such harm.

The statute also says that simply refusing treatment is not, by itself, proof of impaired judgment. Families often hear “he just won’t go.” That alone does not decide the case.

This process is for families who see a loved one’s cocaine use causing danger and who believe the person will not seek help on their own. A Marchman Act attorney focuses on the petition process and what the court requires.

Which Warning Signs Lead Families to Consider a Petition?

Families usually consider a petition when cocaine use starts to threaten safety, health, work, or money, and the person refuses help. Common signs include:

• Repeated crises tied to cocaine use, such as binges or violent episodes
• Unsafe driving, or cocaine use around children
• Missed work or school, job loss, or unpaid bills
• Missing money, or household items sold to pay for drugs
• Threats, violence, or fear inside the home
• Overdose or emergency-room visits involving cocaine
• Refusal of help, even after a crisis

Write things down as they happen. Record dates, what took place, who saw it, and any medical or police records. The court shall hear and review all relevant evidence, including testimony from family members about the person’s prior history, as Fla. Stat. § 397.6957 provides. A clear, dated record makes that testimony easier to give.

Who Can File, and What the Court Must See

For an adult, a 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 can file. That list comes from Fla. Stat. § 397.68112, which requires the adult to have direct personal knowledge of the substance abuse impairment and of the prior course of assessment and treatment.

The petition must name the person and the petitioner, and state their relationship. It must also name the person’s attorney, if known. Under Fla. Stat. § 397.68141, it must set out specific facts. Those facts must demonstrate why the petitioner believes the person is substance abuse impaired, has lost self-control, and has inflicted or is likely to inflict physical harm on himself, herself, or others unless the court orders the involuntary services, or that the refusal of care stems from impaired judgment.

A petition may include a report from a qualified professional who examined the person within 30 days before filing. If there was no assessment, or the person refused one, the petition must say so.

The court may order treatment only when the conditions are proved by clear and convincing evidence. If the person still meets the criteria for involuntary services, a petition for renewal under Fla. Stat. § 397.6975 must be filed before the court-ordered services period expires, and a renewal order may last up to an additional 90 days.

Guardianship is a separate legal tool. A Marchman Act petition asks for treatment. A guardianship matter asks who will make decisions for a person who cannot.

How the Family Petition Process Works, Step by Step

A family petition moves from filing to a hearing, and any treatment order has a set time limit. Here is the usual path.

1. Gather records and a timeline. List dates, incidents, witnesses, and any medical or police reports.
2. File in the right county. Under Fla. Stat. § 397.681, petitions go to the clerk in the county where the person is located. In Miami-Dade, the Miami-Dade Clerk’s Office sends adult cases to Probate Court and minor cases to Juvenile Court. Courts treat a wrong-county filing as a venue problem, not a loss of jurisdiction, as J.P. v. J.N. explains.
3. Counsel and hearing date. The court decides whether the person has a lawyer or needs one. It must schedule a hearing within 10 court working days unless a continuance is granted, under Fla. Stat. § 397.68151. The person and others receive copies of the petition and notice.
4. Emergency orders, if needed. When emergency circumstances exist, the court may rely on the petition alone and enter an assessment and stabilization order. A provider generally may hold a person for no more than 72 hours of observation, subject to listed exceptions.
5. The hearing. The person must attend unless the court finds that they knowingly, intelligently, and voluntarily waive the right to be present, or, after proof of service and review of the circumstances, that their presence is inconsistent with their best interests or likely to be injurious to self or others. The court hears all relevant evidence and may order drug tests. Testimony is under oath, and the person may refuse to testify.
6. Before it ends, a provider may ask the court to renew it, as Fla. Stat. § 397.6975 describes.

How long each step takes depends on the county, the court’s calendar, and the facts of the case.

What Are the Common Questions About Cost, Counsel, and Release?

Families often ask about cost first. The clerk may not charge a filing fee for a Marchman Act petition.

Why Families in Miami-Dade and South Florida Work With Robinson Casey

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide, including Miami-Dade. Richard J. Casey III, Esq. is the responsible lawyer for this page. The firm’s lawyers and support staff work with families on each stage of the process.

The firm also handles guardianship matters, including emergency temporary, limited, plenary, and mental health guardianship.

In practice, the firm’s work centers on:

• Plain-language explanations of each step in the process
• Help organizing the timeline, records, and witness list
• Direct communication about what the family can expect at each stage

Each case stands on its own record. No result can be promised in advance.

Talk With Robinson Casey About Your Family’s Situation

If you are watching a loved one’s cocaine use and weighing a court petition, you do not have to decide alone. Bring your timeline, any records, and your questions. Call (561) 849-4149 or request a consultation to talk through your family’s situation with Robinson Casey.