{"id":21581,"date":"2026-11-10T10:00:12","date_gmt":"2026-11-10T10:00:12","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-petition-any-florida-county\/"},"modified":"2026-11-10T10:00:14","modified_gmt":"2026-11-10T10:00:14","slug":"marchman-act-petition-any-florida-county","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-petition-any-florida-county\/","title":{"rendered":"Marchman Act Petition in Any Florida County: How It Works"},"content":{"rendered":"
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Marchman Act Petition in Any Florida County: How It Works<\/h1>\n

If your loved one’s drinking or drug use is putting them or others at risk, a court may be able to step in. In Florida, that step is a Marchman Act petition, filed with the clerk of the circuit court in the county where your loved one is located.<\/p>\n

What Is a Marchman Act Petition and Who Is It For?<\/h2>\n

A Marchman Act petition asks a court to order assessment, stabilization, or treatment for an adult with a substance use problem. The law is in Chapter 397, Florida Statutes<\/a>. It is meant for families facing a serious situation, where a loved one may have lost self-control over substance use and may refuse care.<\/p>\n

Under \u00a7 397.675<\/a>, the court looks at whether there is good faith reason to believe the person meets the criteria for involuntary admission. Those criteria include a loss of self-control and either impaired judgment about the need for care or a real threat of harm. The person the petition is about is called the respondent.<\/p>\n

For an adult respondent, \u00a7 397.68112<\/a> allows a petition from a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment.<\/p>\n

A petition is a court filing. It is not a police report or a hospital admission form. It starts a case in circuit court, and the judge decides whether the legal criteria are met.<\/p>\n

How Is a Petition Filed in Any Florida County?<\/h2>\n

You file the petition with the clerk of the court in the county where your loved one is located. Under \u00a7 397.681<\/a>, the clerk may not charge a fee for filing this kind of petition.<\/p>\n

The location rule matters. In J.P. v. J.N.<\/a>, the Fifth District Court of Appeal held that filing in the wrong county is a venue defect, not a lack of jurisdiction. Getting the county right from the start avoids that problem.<\/p>\n

Clerk forms, submission methods, and calendars vary. The Miami-Dade Clerk’s mental health court page<\/a> points adult petitions to its Probate Court. Lake County publishes its own Marchman Act guidance<\/a> as well.<\/p>\n

Robinson & Casey serves families across South Florida, including Miami-Dade, and statewide. Not sure which county applies? Call (561) 849-4149 and ask the team to walk through the filing county for your loved one’s location.<\/p>\n

What Goes in a Marchman Act Petition Packet?<\/h2>\n

A petition must name the people involved and state the facts that support the request. \u00a7 397.68141<\/a> sets out the core contents:<\/p>\n