Know the Possible Costs Before You Decide Your Next Step

This Marchman Act cost breakdown for Florida explains where the money comes from, so you can see the full picture before you decide on any next step. Under Florida law, the clerk may not charge a fee to file the petition, but other costs can still apply. Those costs come from separate sources, including service, assessment and treatment, attorney fees, supporting records, and insurance or public funding. If you’re reading this for a loved one, you probably didn’t choose this situation. Money questions can pile onto a crisis you never planned for. Start with the categories below. For the bigger picture, read our involuntary commitment for addiction overview.

Where to Begin With Marchman Act Costs

The cost of a Marchman Act case comes from several separate sources, not one fee. Each source follows its own rules, and each one depends on the facts of the case and the court’s discretion.

Those rules point to five cost groups. They are court and clerk charges, assessment and treatment charges, attorney fees, supporting costs such as records and evaluations, and insurance or public funding. Each group has a different payer and different drivers.

Splitting costs this way makes it easier to spot what you still don’t know. Use the sections below as a checklist. Write down each question as you go, and bring the list to any conversation about your options.

Court Filing and Clerk Fees

Under Florida law, the clerk may not charge a fee to file a petition under the involuntary petition section (Marchman Act Substance Abuse). The petition must be filed with the clerk in the county where the person is located.

Location affects more than paperwork.

Other charges can still arise. That is a decision the court or agency makes, not an automatic waiver. Ask the clerk’s office in the county where the person is located what it charges for copies and other services. Confirm current amounts directly, because fee schedules can change.

Assessment, Stabilization, and Treatment Facility Charges

Facility charges are separate from court fees, and they depend on the provider and the care ordered. The court process, which includes the petition and hearing, runs alongside the clinical process. The clinical process covers assessment, stabilization, and any treatment placement.

Before admission, the full charge and the individual’s fee must be disclosed. Ask for it before any admission, and ask what the fee covers.

In nonemergency cases where the person was not assessed, the statute says the court shall issue an involuntary assessment and stabilization order. Whether and how the court uses that order remains a matter for the court’s discretion.

A court may order involuntary treatment from a publicly funded provider for a period not to exceed 90 days. The court decides these questions based on the evidence and its discretion.

Charges vary with the type of facility, the level of care, and whether the provider is public or private. Length of stay is not a fixed figure.

Attorney Fees and What Drives Them

Attorney fees depend on the work a case needs, and fee terms should be clear before you agree to anything. Fees can vary with case complexity, the number of filings and hearings, and whether the matter is contested. Ask for fee terms in writing, including what the fee does not cover, such as filing, copying, or similar costs.

A respondent who cannot afford private counsel may have court-appointed counsel under the statute’s terms. Whether counsel is appointed, and who pays for it, depends on the statute and the court’s decision.

This practice focuses on Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer for this page. The firm’s free first consultation is confidential, with no obligation to continue. If a matter may be referred to another lawyer or firm, we will say so.

Evaluations, Records, Transportation, and Witness Costs

Evaluations, records, transportation, and witness costs are supporting expenses, and they vary by case. Each one has its own source and its own payer, so ask about each one separately.

A petition may be accompanied by a certificate or report from a qualified professional who examined the person within 30 days before filing. If the person was not assessed, or refused an assessment, the petition must say so. Any report may carry its own charge, so confirm who pays for it.

The respondent’s attorney has access to the person, witnesses, and records relevant to the case. The court hears relevant evidence (Marchman Act hearing procedure), including testimony from family members familiar with the person’s history.

Ask how these costs will be handled in your case. Gathering evidence does not decide the outcome. The court weighs the evidence and decides.

Insurance, Public Funding, and Who Pays

Insurance and public funding may cover some costs, but the policy, the provider, and the court decide what applies. Check the policy’s terms directly with the insurer.

Under Fla. Stat. § 627.669, insurers must make a specified substance abuse benefit available to applicants for group policies. The statute sets limits, including a minimum lifetime benefit of $2,000 and a maximum of 44 outpatient visits. Benefits apply only when a licensed physician or licensed psychologist provides, supervises, or prescribes the treatment, in an accredited or state-approved program.

Publicly funded services serve people in the state’s priority populations. Under the substance abuse services statutes in Chapter 397 of the Florida Statutes, a person not eligible for Medicaid, with net family income under 150 percent of the Federal Poverty Income Guidelines, pays a portion comparable to the Medicaid copayment.

Ability to pay is central to who pays. Under Chapter 397 of the Florida Statutes, a person is required to contribute toward the cost of services according to ability to pay, unless other law provides otherwise. Possible payers include the person, a family member who chooses to pay, an insurer, or a public payer. The court and the provider decide how costs are handled in each case.

Factors That Raise or Lower Overall Costs

The main cost drivers are the level and length of care, the type of provider, whether the matter is contested, and whether insurance applies. Each one moves the total in ways that depend on the case. No general figure applies to every family.

• Level and length of care. Publicly funded treatment orders are limited to a period not to exceed 90 days, but charges depend on the care actually delivered.
• Provider type. Publicly funded and privately funded providers handle payment differently under the statute.
• Continuances and extra hearings can add to the cost.
• Outside evaluations. Additional professional reports can add charges.
• Insurance coverage. Coverage can reduce what a family pays out of pocket, but only under the policy’s terms.

Questions to Bring to a Consultation

Bring a written list of cost questions, so the first conversation covers the money side clearly. Use this Marchman Act cost breakdown Florida checklist as a starting point. Ask the following:

• What charges, if any, apply at the clerk’s office for this petition?
• Has the provider disclosed its full charge and the individual’s fee?
• How are attorney fees billed, and what do they exclude?
• Does the insurance policy include this benefit, and is the program accredited or state-approved?
• Who may be asked to pay if care is ordered?

If you’re still deciding how to help a family member, read how to help a drug addict family member first.

Does the Marchman Act cost money in Florida?

The clerk may not charge a fee to file the petition under Florida law. Other costs, such as service, provider charges, and attorney fees, can still apply.

Who pays for the Marchman Act in Florida?

The statute ties contributions to ability to pay. The payer may be the person, a family member, an insurer, or a public payer, and the court and provider decide in each case.

How long can you be held on the Marchman Act in Florida?

The Marchman Act, Chapter 397, Florida Statutes, sets out periods for assessment, stabilization, and treatment that a court may order. The statute’s text governs those periods, other requirements may also apply, and the court decides based on its discretion and the circumstances of each case. Timing depends on the court’s schedule, its discretion, and the facts of the case.

Can you Marchman Act yourself?

Florida’s Marchman Act, Chapter 397, Florida Statutes, addresses who may file a petition. Other requirements may also apply, and the court decides based on the statute and the circumstances of each case. Other requirements may apply, and the court decides.

Talk Through Your Family’s Situation

If a loved one’s substance use has reached a crisis point, you may be weighing a petition for the first time. You’re also trying to understand what it could cost. You don’t have to work through those money questions alone.

Richard J. Casey III, Esq. offers a free first consultation for families in this situation. It is confidential, with no obligation to continue. Call (561) 849-4149, or reach out through our contact page to schedule a time to talk.