Marchman Act Help for Cocaine Addiction in Florida

If a loved one’s cocaine use has become unsafe and they refuse help, Florida’s Marchman Act may let a family member ask a court for involuntary treatment. The law covers substance abuse impairment, and that includes cocaine. This guide explains what a court reviews, what a petition contains, how the process moves after filing, and what to expect when you talk with Robinson Casey about your situation.

What the Marchman Act Is and Who It Applies To

The Marchman Act is Florida’s law for court-ordered assessment and treatment of people with substance abuse impairment. It covers illegal drugs, prescription drugs, and alcohol, according to the Flagler County Clerk of Courts.

Cocaine is an illegal drug, so cocaine use can fall under this law. The question is whether the use has caused impairment that meets the statute’s test.

The law is built for the person who won’t get help on their own. Voluntary treatment starts when the person agrees. A petition is the court route when that agreement is missing.

If the respondent is an adult, 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 and past treatment. See Fla. Stat. § 397.68112.

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. The firm serves families across South Florida and statewide.

Criteria a Florida Court Reviews for Cocaine Use

A court can order involuntary treatment only after the required facts are proved by clear and convincing evidence, under Fla. Stat. § 397.697. The core test sits in Fla. Stat. § 397.675.

The court looks for these elements:

• A good faith reason to believe the person is substance abuse impaired.
• Loss of self-control with respect to substance use, caused by that impairment.
• Either an inability to see the need for services and make a rational decision about them, or a real and present threat of substantial harm from neglect.
• Or a substantial likelihood of physical harm to self or others.

The statute also says that mere refusal to accept services does not, by itself, show a lack of judgment. Families should plan for that point.

Specific facts help most. Write down dates, places, and who saw what. Examples include a missed job, an unsafe car trip, unpaid bills, or a fight that led to injury. Concrete facts give everyone something specific to test at the hearing.

What the Petition Includes and Who Can File

A petition must name the respondent and the petitioner. It must state their relationship and the respondent’s attorney, if known. See Fla. Stat. § 397.68141.

The factual part is the heart of the petition. It should state:

• Why the petitioner believes the person is substance abuse impaired.
• Why the petitioner believes that impairment has caused loss of self-control.
• Why the petitioner believes the person has harmed, or may harm, self or others, or cannot judge the need for care.
• Any assessment report from a qualified professional within 30 days before filing. If there was no assessment, or the person refused one, the petition must say so.

Filing goes to the clerk of court in the county where the person is located. The clerk may not charge a filing fee for the petition, under Fla. Stat. § 397.681.

County choice matters. A Florida appeals court held that filing in the wrong county did not take away the circuit court’s jurisdiction, in J.P. v. J.N..

How the Process Unfolds After Filing

After filing, the court must set a hearing within 10 court working days unless it grants a continuance, under Fla. Stat. § 397.68151. The typical path looks like this:

1. Consultation. The family’s timeline and records are reviewed.
2. Filing. The petition goes to the clerk in the county where the person is located.
3. Notice and counsel. Copies go to the respondent and others the court directs. The respondent has a right to counsel at every stage, under Fla. Stat. § 397.681.
4. Assessment. A person generally can’t be ordered into treatment without a clinical assessment. The exception is when the respondent is present and the court finds that the respondent’s waiver is made knowingly, intelligently, and voluntarily, under Fla. Stat. § 397.681. Under Fla. Stat. § 397.6957, the respondent’s assessment by a qualified professional must occur within 72 hours after his or her arrival at a licensed service provider.
5. Hearing. Testimony is taken under oath and recorded. The respondent may refuse to testify. The petitioner bears the burden of proof, according to J.C. v. State, a Fifth District ruling.
6. Order. If the criteria are proved, the court may order treatment for up to 90 days. Early release is possible when the statutory grounds exist, under Fla. Stat. § 397.6971.

In an emergency, the court may enter an ex parte order based on the petition alone, under Fla. Stat. § 397.6818.

Costs and the Free First Consultation

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

Court costs can vary. The clerk may not charge a filing fee for the petition. If the petitioner is indigent, the court may prohibit, or a law enforcement agency may waive, service-of-process fees, under Fla. Stat. § 397.68112. Any other costs you may owe are explained before you decide whether to go forward.

You can share your facts without committing to anything. Bring your timeline and any documents, and the consultation will review them with you.

Why Robinson Casey on Marchman Act Matters

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, serving South Florida and statewide. Richard J. Casey III, Esq. is the lawyer responsible for this page.

Our team includes assistants and office staff who help with intake and scheduling. A narrow practice keeps the work centered on these statutes and the court rules that apply to them.

Expect the other side may have a lawyer. Florida’s Second District Court of Appeal has held that a Marchman respondent has a constitutional right to counsel, in Hillsborough County v. Albrechta.

A matter may sometimes be better handled by another lawyer or firm. If that applies to your situation, we’ll tell you during the consultation.

Frequently Asked Questions