Marchman Act for an Out-of-State Relative in Florida

If your loved one’s drinking or drug use is putting them or others at risk, and they live in another state, you probably want to know whether Florida law can still reach them. A Marchman Act petition is filed with the clerk of the court in the county where the person is located, not where the family lives (§ 397.681). That location rule shapes the rest of the case, from which court hears it to how an order gets carried out.

Why Florida Jurisdiction Becomes a Question When Your Loved One Lives Out of State

Florida jurisdiction turns on where the person is, not where you are. The Marchman Act is Florida’s civil process for helping people who are severely impaired by substance abuse.

This page answers the jurisdiction question for family members. It does not walk the person with the substance problem through their own case. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters, and it serves families across South Florida and statewide.

What the Marchman Act Covers and What a Court Looks For

A court orders involuntary assessment only when it finds the statute’s criteria are met. Those criteria center on impairment, loss of self-control, and a real risk of harm.

Under § 397.675, the court needs a good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder. The person must also have lost the power of self-control about substance use. Then one more test applies.

The 2024 amendment changed this text, so older summaries may be out of date. The statute also says a mere refusal of services is not, by itself, proof of impaired judgment.

For an adult, § 397.68112 lets 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 file the petition. The petition must name the respondent and the petitioner, state their relationship, and give the facts showing why help is needed (§ 397.68141).

Guardianship is a separate court process. Both can end with a judge’s order, but they do different jobs.

Where a Marchman Act Petition Is Filed: County and Court Venue

A Marchman Act petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a fee to file it (§ 397.681).

In J.P. v. J.N., the court stated that filing a petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. The Fifth District held that the wrong county did not take away the circuit court’s jurisdiction. Under J.P. v. J.N., a petition filed in the wrong county did not strip the Putnam County circuit court of its jurisdiction. The circuit court in Putnam County kept its jurisdiction despite the wrong-county filing, according to J.P. v. J.N..

As J.P. v. J.N. reflects, a county filing error did not remove the circuit court’s jurisdiction over the petition. Robinson Casey serves Miami-Dade and South Florida families, and it also serves families statewide.

When the Relative Is Located Outside Florida

When your relative is out of state, the first fact to pin down is where they physically are. The county rule in § 397.681 is written around the county where the person is located. So the question is whether your relative is in a Florida county a court can act on.

Write down the address or facility, the city, and the date you last confirmed it. Those details help the petition state where the person is and why the court should act. If the location changes before a hearing, the court needs to know.

Questions about another state’s rules fall outside the Florida process explained here.

Filing, the Hearing Date, and Emergency Situations

After a petition is filed, the court must schedule a hearing within 10 court working days unless it grants a continuance (§ 397.68151). The respondent, and other listed people, must receive a copy of the petition and notice of the hearing.

In an emergency, the court may rely on the petition alone and enter an ex parte order for assessment and stabilization, without first appointing an attorney (§ 397.6818). A service provider generally may hold the person for no more than 72 hours of observation, with listed exceptions.

Police can act too. An officer may take protective custody of a person who appears to meet the criteria and is brought to their attention or is in a public place (§ 397.677).

Thin petitions cause trouble. In D.H. v. K.J.R., the court held an ex parte order was entered in error because the petition did not give a good faith reason to believe the criteria were met. Keep dates, specific incidents, and what was said, since the petition must state the facts behind your concern.

Enforcing a Florida Marchman Act Order When the Relative Moves or Lives Elsewhere

A Florida court keeps authority over a case after it orders treatment. Under § 397.697, once the court finds that the conditions for involuntary treatment services have been proved by clear and convincing evidence, it may order those services for a period not to exceed 90 days. It can also monitor compliance and start contempt proceedings for violating its order.

At the hearing, the court must hear all relevant evidence, including family members’ testimony about the person’s history. Witnesses may testify remotely by audio-video technology, under oath (§ 397.6957). The petitioner carries the burden of proof. In J.C. v. State, the Fifth District reversed when the trial court questioned the only witness after the petitioner was absent.

The Fourth District has disagreed with the Fifth District on whether a petitioner must present the case. In J.J.J. v. D.G., it certified conflict. That split is Fifth District law, not statewide law, and the 2024 amendments may affect the dispute.

If your relative moves after an order, tell the court promptly where they are now. Enforcement that reaches another state may require coordination with that state’s officials and laws, and how it plays out depends on the facts. See Marchman Act order enforcement for how orders are carried out.

Talk With the Firm About Your Relative’s Situation

You may still be gathering facts, and you don’t have to decide anything today. Robinson Casey offers a free first consultation that is confidential and carries no obligation to continue.

Frequently asked questions