Marchman Act Petition to Hearing Days in Florida

If someone you love is struggling with alcohol or drugs, waiting for a court date can feel endless. Under Florida’s Marchman Act, the court must schedule a hearing within 10 court working days after a petition is filed, unless a continuance is granted (§ 397.68151).

This page walks through that timeline step by step. It also covers what can move the date and what happens at the hearing.

How Many Days Usually Pass Before a Florida Marchman Act Hearing?

The court must schedule the hearing within 10 court working days after the petition is filed, unless a continuance is granted. The count uses court working days, not calendar days, so weekends and court holidays do not count toward the limit.

That number is the statute’s outer limit for scheduling. Your actual hearing date will depend on the facts of your case and the court’s calendar in your county. The Marchman Act is the Florida law that sets up this process for adults and minors who are substance abuse impaired.

If you are waiting on a family member’s situation right now, a clear timeline helps. Knowing the deadlines lets you plan for the next few weeks instead of guessing.

Who Can File a Marchman Act Petition in Florida?

For an adult, the law lets a spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment file a petition (§ 397.68112). For a minor, a parent, legal guardian, or service provider may file.

The petitioner is not always the person who will be the subject of the petition. The person named in the petition is called the respondent. The petition must name the respondent, the petitioner, the relationship between them, and the respondent’s attorney if known, along with the facts that support the request (§ 397.68141).

Many families want to talk with their loved one before taking this step. Our guide on approaching a son about a Marchman Act petition in Florida covers that conversation.

What Happens Before the Hearing: Filing and Notice?

The petition goes to the clerk of the court in the county where the person is located. The clerk may not charge a filing fee for the petition (§ 397.681).

The court first decides whether the respondent has an attorney or should have one. If the court appoints counsel, the clerk notifies the Office of Criminal Conflict and Civil Regional Counsel, which then represents the person (§ 397.68151).

Notice comes next. A copy of the petition and the hearing notice must go to the respondent, the respondent’s parent, guardian, or legal custodian in the case of a minor, the respondent’s attorney if known, the petitioner, the respondent’s spouse or guardian if applicable, and others the court directs; for a minor, the petition and notice must be personally delivered to the respondent. The clerk also issues a summons. Within 6 hours, the clerk must send it to a law enforcement agency for service, unless the chief judge has authorized private process servers.

Location matters at filing.

The Marchman Act Timeline From Petition to Hearing

The steps run in this order: the petition is filed, the court reviews it, the hearing date is set, notice is served, and the hearing is held.

Several deadlines in the statute fix parts of this sequence. The hearing must be scheduled within 10 court working days unless a continuance is granted (§ 397.68151). Unless a circuit court’s chief judge authorizes disinterested private process servers to serve parties under this chapter, the clerk must electronically submit the summons to law enforcement within 6 hours after it is issued.

Emergencies follow a faster path. If it is not carried out by the first hearing date, the statute says it is deemed void.

Court calendars differ from county to county.

What Can Change the Timing of a Marchman Act Hearing?

A continuance, a service problem, or a required assessment can move the hearing date. The court decides whether to grant a continuance, and the statute’s 10-day window applies unless one is granted (§ 397.68151).

An assessment can also shift the date. The respondent’s assessment must occur within 72 hours after arrival at a licensed service provider, unless the respondent shows signs of withdrawal or a need to be detoxified or treated for a medical condition, which extends the observation until that issue is resolved but no later than the scheduled hearing date, absent a court-approved extension. If the respondent is a minor, the assessment must be initiated within the first 12 hours of the minor’s admission to the facility (§ 397.6957).

Service can also cause delay. If the respondent cannot be found, the timeline can stretch. If the respondent does not appear at the hearing and the court reasonably believes the respondent meets the commitment criteria and that a substance abuse emergency exists, the court may issue or reissue an ex parte order that is valid for 90 days, and the court must dismiss the case if the respondent is not assessed within that period (§ 397.6818).

Court appointment of counsel can also add time. A respondent has a right to counsel at every stage of the proceeding, though the respondent may waive it if present and the court finds the waiver is knowing, intelligent, and voluntary (§ 397.681). An attorney needs access to the person and records before the hearing.

What Happens at the Marchman Act Court Hearing?

At the hearing, the court reviews evidence about the person’s condition and the statutory criteria. Testimony is taken under oath, and the proceedings are recorded (§ 397.6957).

The respondent must generally be present. The court may excuse presence only after a knowing, intelligent, and voluntary waiver, or, upon receiving proof of service and evaluating the circumstances of the case, if it finds presence inconsistent with the respondent’s best interests or likely to cause injury to self or others. The court hears relevant evidence, including testimony from family members who know the person’s history. It may also order drug tests. Witnesses may testify remotely by audio-video technology, but they must give the parties their documents by the close of business the day before.

The respondent may refuse to testify.

If you are a family witness, arrive early and bring the petition papers and any dates or records you have.

What Court Orders Can Follow the Hearing?

If the court finds the conditions proved by clear and convincing evidence, it may order involuntary treatment for a period not to exceed 90 days (§ 397.697). The court may order public treatment, or private treatment if the person can pay or if someone on the person’s behalf voluntarily shows a willingness and ability to pay.

The court keeps jurisdiction after the order. It can monitor compliance, change the treatment setting, or start contempt proceedings for violating a valid order (§ 397.697).

Orders also end. The respondent is automatically discharged at the end of 90 days unless a renewal motion has been filed (§ 397.6977). The court must schedule a renewal hearing within 10 court working days, and the hearing must be held no more than 15 days after the petition is filed (§ 397.6975). Fla. Stat. § 397.6975 reads: “The hearing is conducted pursuant to ss. 397.6957 and 397.697 and must be held before the circuit court unless referred to a magistrate.” The person may also be released early when the reasons for the order end (§ 397.6971). For more on how a person leaves an order, see our discharge guide.

Frequently Asked Questions About Marchman Act Hearing Timing

Talking Through Your Family’s Next Step

If a loved one is struggling and a hearing date is in view, the waiting is hard. You may be deciding whether to file, how to prepare, and what the court calendar means for your plans.

Richard J. Casey III, Esq. is responsible for this page. Call (561) 849-4149 or use our contact page to talk through your situation. The first consultation is free, confidential, and carries no obligation to continue.