Who Gets Notified of a Marchman Act Petition in Florida?

Here is the short answer to who gets notified of a Marchman Act petition Florida courts handle. The person named in the petition gets a copy of it and a notice of the hearing. The petitioner, the respondent’s attorney if known, a spouse or guardian if one applies, a parent, guardian, or legal custodian if the respondent is a minor, and anyone else the court directs also receive copies under Fla. Stat. § 397.68151.

If you’re reading this, a loved one may be in crisis. You didn’t choose that position. This page explains who receives each document, in plain terms, so you know what to expect.

The Marchman Act is Florida’s civil process for court-ordered assessment and treatment of substance use impairment. For the full process, start with our Marchman Act guide.

What the Marchman Act Is and Why Notice Matters

Notice matters because it tells each person what was filed and when the hearing is set. It also tells the person named that they have the right to counsel. Many families first learn about a petition from a phone call or a knock at the door. The papers can arrive fast. The rules below come from the current text of Chapter 397, which was amended in 2024 and 2025. Older online explainers may describe earlier rules.

Who Can File a Marchman Act Petition in Florida

For an adult, a spouse, legal guardian, any relative, or a service provider can file. So can an adult with direct personal knowledge of the loved one’s impairment and past treatment, under Fla. Stat. § 397.68112. For a minor, a parent, legal guardian, or service provider can file.

The person who files is the petitioner. The person the petition is about is the respondent. Under Fla. Stat. § 397.681, the alleged impaired person is named as the respondent. The petition also names the petitioner, their relationship to the respondent, and the facts that support treatment, under Fla. Stat. § 397.68141.

Where the petition is filed also matters. J.P. v. J.N. states: “However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.”

Notice to the Person Named in the Petition

Florida law sets out who gets notified of a Marchman Act petition, and the person named comes first. That person receives a copy of the petition and a notice of the hearing. The clerk issues a summons. Unless a circuit court’s chief judge authorizes disinterested private process servers, the clerk must electronically submit the summons and petition to a law enforcement agency within 6 hours after the summons is issued. So a deputy often delivers the papers, not a private server.

In an emergency, the steps move faster. A court may enter an ex parte assessment and stabilization order without appointing an attorney, under Fla. Stat. § 397.6818. Law enforcement can then be ordered to serve the notice and petition. If that order is not executed by the initial hearing date, it is deemed void.

The person named also has the right to counsel at every stage. The court must appoint counsel if it believes the respondent needs or desires it, under § 397.681. Each individual must be informed that he or she has the right to be represented by counsel in any judicial proceeding for involuntary treatment services, and may apply immediately to the court to have an attorney appointed if he or she cannot afford one.

Notice to the Court, the Petitioner, and Appointed Counsel

The court and the petitioner handle the next notices. When the petition is filed, the court must decide whether the respondent has a lawyer or needs one appointed, under § 397.68151. If counsel is appointed, the clerk must immediately notify the office of criminal conflict and civil regional counsel. That office represents the person until the petition is dismissed, the court order expires, the person is discharged from involuntary treatment services, or the court otherwise discharges the office.

The court must schedule the hearing within 10 court working days unless a continuance is granted. The petitioner gets a copy of the petition and the notice of hearing. So does the respondent’s attorney, when known. Appointed counsel also has access to the person, witnesses, and records relevant to the case.

In Miami-Dade County, the Miami-Dade Clerk’s mental health court page directs people seeking involuntary alcohol or drug abuse treatment to the Clerk’s Office Probate Court for adults.

Where Family Members and Others Fit In

Family members can receive notice in two ways. A spouse or guardian gets a copy if one applies. The court may also direct copies to other people. Family members can also be witnesses. The court hears testimony from family members familiar with the respondent’s prior history, under Fla. Stat. § 397.6957. A witness who attends remotely must give documents to the parties by the close of business the day before the hearing.

Receiving notice does not open the whole file. Under Fla. Stat. § 397.6760, petitions, court orders, and related records are confidential. The clerk may release them to listed people, including the petitioner, the respondent, and the respondent’s attorney. Others need a court order based on good cause. The clerk also may not publish personal identifying information on a court docket.

Keep a copy of every document. Write down each hearing date as soon as you learn it.

Talk With Robinson Casey About Your Family’s Situation

If a petition has been filed, or you expect one, you can talk through the notice steps with Robinson Casey. You didn’t choose this situation, and you may be worried about someone you love. Robinson Casey is a Florida law firm that limits its practice to Marchman Act and guardianship matters. It serves families across South Florida and statewide. The first consultation is free, confidential, and comes with no obligation to continue. Call (561) 849-4700 or visit our contact page to start.