Marchman Act Cost and Timeline in Florida: Know What to Expect

Marchman Act Cost and Timeline in Florida

The Marchman Act lets certain people ask a Florida court to order assessment and treatment for someone with a substance use disorder who won’t seek help on their own. Costs and timing depend on whether the case is an emergency, whether the person contests it, and how the court schedules hearings. This guide outlines the general steps involved in these matters and the questions you may want to ask a lawyer.

Richard J. Casey III, Esq. is the lawyer responsible for this page.

What Is the Marchman Act and Who Can File

The Marchman Act is a Florida law for people with severe substance problems who need help they won’t accept. Under Fla. Stat. § 397.675, a person meets the criteria for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder and, because of such impairment or disorder, has lost the power of self-control with respect to substance abuse, and also meets the statute’s additional requirements concerning need for services or risk of neglect or harm.

For an adult, § 397.68112 says 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 person’s impairment and past treatment. For a minor, a parent, legal guardian, or service provider may file.

The Marchman Act is not guardianship. Guardianship deals with a court finding of incapacity and a guardian’s authority over decisions, as covered in § 744.331. The Marchman Act focuses on substance use assessment and treatment.

Marchman Act Filing Costs in Florida

The petition itself has no clerk filing fee. Other costs can still apply, and the law addresses some of them.

• Clerk filing fee: § 397.681 says the clerk may not charge a fee for filing this petition.
• Service fees: The court may prohibit, or a law enforcement agency may waive, service of process fees if the petitioner is determined to be indigent, under § 397.68112.
• Attorney fees: These are separate from court and treatment costs. They depend on the facts of your case, so we review them with you during the consultation. The first consultation is free, confidential, and carries no obligation to continue.
• Treatment costs: A court may order care from a publicly funded provider, or from a privately funded provider if the respondent has the ability to pay for the treatment, or if any person on the respondent’s behalf voluntarily demonstrates a willingness and an ability to pay for the treatment. A private provider is used only if the person can pay, or if someone voluntarily shows willingness and ability to pay, under § 397.697.

What Costs Are Not Included in the Petition

Legal work on the petition and the cost of treatment are two separate things. Families often mix them up, so it helps to keep them apart.

• Treatment bills: Care is paid through a public provider or, when the law allows, a private one. The petition does not pay for treatment.
• Ongoing medical care: Any medical or psychiatric services during treatment are separate from the court case.
• Responsibility for private care: If a court orders private treatment, the statute ties that to the respondent’s ability to pay or a voluntary payer’s willingness to pay.

Ask about each category early, so you know your total commitment before you file.

Marchman Act Timeline: From Filing to Treatment Hold

Florida law sets short windows at each stage, and the first stage can move very fast.

• Emergency order: If an emergency exists, the court may enter an ex parte order for assessment and stabilization based only on the petition. No attorney has to be appointed first, under § 397.6818.
• Observation limit: A service provider may not hold the person for longer than 72 hours of observation unless the service provider seeks additional time under § 397.6957(1)(c) and the court, after a hearing, grants that motion. Withdrawal, a medical need, or a weekend or holiday can also extend that time under the same section. Withdrawal or a medical need can extend that time until the issue is resolved but no later than the scheduled hearing date, absent a court-approved extension. A weekend or holiday can extend it until the next court working day under the same section.
• Order must be carried out: An ex parte order that is not executed by the initial hearing date is deemed void, but if the respondent does not appear at the hearing for any reason, including lack of service, and the court, after reviewing the petition, testimony, and evidence presented, reasonably believes the respondent meets the commitment criteria and that a substance abuse emergency exists, the court may issue or reissue an ex parte assessment and stabilization order valid for 90 days.
• Hearing date: The court must schedule the hearing to be held within 10 court working days unless it grants a continuance, under § 397.68151.

Step-by-Step Marchman Act Process

The case moves in a set order. Each step builds on the one before it.

1. Consultation. You describe the person’s behavior, the danger, and any prior treatment.
2. Petition. The petition must name the respondent, the petitioner, and the respondent’s attorney if known, and state their relationship. It must also give the facts showing why the petitioner believes the person is impaired, has lost self-control over substance use, and either has caused or is likely to cause physical harm, or refuses care because their judgment is too impaired to see the need for it, under § 397.68141.
3. Filing and notice. The petition is filed with the clerk in the county where the person is located. The respondent receives a copy and notice of the hearing.
4. The respondent has the right to a lawyer at every stage, although the respondent may waive that right if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. The court may appoint one through the office of criminal conflict and civil regional counsel.
5. Assessment. The respondent’s assessment by a qualified professional must occur within 72 hours after arrival at a licensed service provider, unless the respondent shows signs of withdrawal or needs detoxification or treatment for a medical condition, in which case the hold extends until that issue is resolved but no later than the scheduled hearing date, absent a court-approved extension. If the respondent is a minor, assessment must be initiated within the first 12 hours of admission, per § 397.6957.
6. Hearing. The court hears all relevant evidence, including testimony from family members. Testimony is under oath and recorded.
7. Order. Involuntary treatment requires proof by clear and convincing evidence, under § 397.697.

How Long Does Treatment Last Under a Marchman Act Order

A court can order involuntary treatment for up to 90 days. The period is set by the court’s order, not by a fixed clinical plan.

• Initial order: The court may order treatment for a period not to exceed 90 days, under § 397.697.
• Renewal: A renewal petition must be filed before the period ends. If granted, the court may order up to an additional 90 days, under § 397.6975.
• Court oversight: The court keeps jurisdiction to monitor compliance and can start contempt proceedings for violating its order.

Factors That Affect Marchman Act Cost and Timeline

Several facts shape how a case runs. These are the ones that most often change the timing and the workload.

• Emergency or not: An emergency case can start with an ex parte order.
• Assessment timing: A petition may include a report from a qualified professional who examined the person within 30 days before filing.
• Court scheduling: The 10-court-working-day hearing rule sets the outer limit, but calendars vary.
• Missed assessment: If the person is not assessed within 90 days, the court must dismiss the case.

Why Choose Robinson & Casey for Your Marchman Act Petition

Robinson & Casey is a Florida law firm that focuses exclusively on Marchman Act petitions and guardianship matters. That focus means the firm’s work centers on these two areas, not a broad mix of practice types.

• Scope: The firm serves families across South Florida, including Miami-Dade, and statewide.
• Responsible lawyer: Richard J. Casey III, Esq. is responsible for this page.
• Support staff: The firm’s support staff assist with intake and document handling.
• Plain explanations: We explain each cost category and each deadline in writing so you can compare them with your own situation.

Our team can answer the questions in this guide for your specific family situation.

Frequently Asked Questions

Next Steps: Talk With Us Before You Decide

If a family member’s drinking or drug use has become dangerous and they refuse help, you are probably facing one of the hardest decisions of your life. You don’t have to weigh the court steps, costs, and timing alone. Call (561) 849-4149 or request a consultation at our contact page.