Choosing the Right County for a Marchman Act Petition in Florida

The Short Answer for Families Living Outside the Loved One’s County

You file a Marchman Act petition with the clerk of the court in the county where your loved one is located. Fla. Stat. § 397.681 gives the courts jurisdiction over these petitions and requires filing in that county.

Under Fla. Stat. § 397.68112, a petition for an adult 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 substance use and treatment history. A relative in another state can be the petitioner.

So start with one question: where is your loved one right now? Pin down that answer before you do anything else.

What the Marchman Act Does and Why County Matters

The Marchman Act is Florida’s court process for involuntary assessment, stabilization, and treatment of a person with a substance use problem. For the bigger picture, read our Marchman Act guide.

They must also have lost the power of self-control about substance use. The person must need services and be unable to make a rational decision about them, or be likely to neglect themselves, or to inflict physical harm on themselves or someone else.

County matters because the process runs through one county’s circuit court. Under Fla. Stat. § 397.697, when a court orders involuntary treatment services, it keeps jurisdiction for later orders. Getting the starting county right keeps the case moving from the first day.

How Venue Works When Your Loved One Is in a Different County

Venue is the county where the case is filed. The county where the petition is filed is set by a different statute, Fla. Stat. § 397.681, which requires filing in the county where the person is located; § 397.697 governs what the court may order once the conditions for involuntary treatment services are proved by clear and convincing evidence. Your loved one may be staying with relatives in another county. They may be in a detox or treatment setting far from where they usually live.

However, in J.P. v. J.N., the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. The Fifth District held that the wrong-county filing did not take away the circuit court’s jurisdiction. Note that this is a Fifth District opinion.

Confirm where your loved one is on the day you file. Where they lived last month may not be where they are today.

Filing With the Clerk of the Circuit Court in the Right County

The clerk of the circuit court takes the filing in the right county, and the clerk may not charge a fee to file it. The petition needs specific facts. It also needs the respondent’s attorney, if known.

The facts must explain why you believe the person is impaired and has lost self-control. If the person was not assessed, the petition must say so.

The petitioner carries the burden of proof. In J.C. v. State, the Fifth District reversed an order where the trial court questioned the only witness after the petitioner was absent. The court said that amounted to functioning as the absent petitioner. Your evidence needs to be ready at the hearing.

Some hearings happen remotely. Under Fla. Stat. § 397.6957, witnesses may testify under oath by audio-video technology. They must send their documents to the parties by close of business the day before. The Polk County Clerk notes that virtual court appearances take preparation. For what a judge reviews, see our evidence guide.

When Your Loved One Moves, Leaves Treatment, or Is Located in Another County

If the court issues an assessment order, it is valid for 90 days, and if your loved one is present, has been served, or their location is known, the treatment hearing is continued for no more than 10 court working days; otherwise, the petitioner must tell the court once your loved one has been assessed so a hearing can be set as soon as practicable. The respondent has a right to counsel at every stage of the case, though the respondent may waive that right if present and the court finds the waiver is knowing, intelligent, and voluntary.

In an emergency, the court can move faster. Under Fla. Stat. § 397.6818, when the petitioner asserts that emergency circumstances exist, or the court finds on review of the petition that an emergency exists, the court may rely solely on the petition and enter an ex parte assessment and stabilization order without appointing an attorney. That order must be carried out while the hearing is pending. If the ex parte order was not executed by the initial hearing date, it is deemed void; but if the respondent does not appear at the hearing for any reason, and, after reviewing the petition, testimony, and evidence presented, the court reasonably believes the respondent meets this chapter’s commitment criteria and that a substance abuse emergency exists, the court may issue or reissue an ex parte assessment and stabilization order that is valid for 90 days.

A provider may not hold the respondent longer than 72 hours of observation, unless the statute allows more time. Under Fla. Stat. § 397.6758, an admitted person may be released without a further court order only by a qualified professional in a hospital, a detoxification facility, an addictions receiving facility, or any less restrictive treatment component. To see what happens to the respondent early on, read our first days guide.

Marchman Act Petitions in Miami-Dade and Across South Florida

The county where your loved one is located controls. Many South Florida families face this when a loved one stays with a relative in a neighboring county. For the Miami-Dade process, see our Miami-Dade guide.

Don’t confuse this with drug court. The Palm Beach County drug court is a voluntary prosecutorial diversion program for eligible defendants. It is a different process from a Marchman Act petition.

Petitions for involuntary assessment and stabilization, court orders, and related records filed with the court under this part are confidential and exempt from public records law under Fla. Stat. § 397.6760, though the clerk may disclose them to listed people such as the petitioner, the respondent, and their attorneys. The clerk may not publish personal identifying information on a court docket or in a publicly accessible file.

Robinson Casey focuses its practice on Marchman Act petitions and guardianship matters for families across South Florida and statewide.

Talk Through Your Family’s Situation With Robinson Casey

Families trying to get a loved one help across county lines often make these decisions from a distance. They’re under pressure and short on time. You may be worried about your loved one’s safety while you sort out the paperwork.

Which county applies depends on the facts, including exactly where your loved one is on the day you file. Robinson Casey can talk that through with you. Call (561) 849-4700 or contact the firm online to schedule a consultation. The first consultation is free, confidential, and carries no obligation to continue.

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