{"id":6876,"date":"2026-10-17T05:32:44","date_gmt":"2026-10-17T05:32:44","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/how-to-file-a-petition-in-court-in-florida\/"},"modified":"2026-10-20T15:52:26","modified_gmt":"2026-10-20T15:52:26","slug":"how-to-file-a-petition-in-court-in-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/how-to-file-a-petition-in-court-in-florida\/","title":{"rendered":"How to File a Petition in Court in Florida | Robinson Casey"},"content":{"rendered":"\n
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Marchman Act and Guardianship Petitions | Florida<\/p>

How to File a Petition in Court in Florida<\/h1>

A plain-language overview of filing a Marchman Act or guardianship petition in Florida. Richard J.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 17, 2026<\/p>\n\n

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A petition for involuntary substance abuse treatment in Florida is filed with the clerk of the court in the county where the person is located. Under the Florida Statutes provision on who may file, if the respondent is an adult, a petition for involuntary treatment services may be filed by the respondent’s 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. Read the statute<\/a>. Other requirements may also apply, and the court decides. This guide explains how to file a petition in court in Florida, one step at a time. If you’re looking into this for someone you love, the process can feel unfamiliar. Taking it one step at a time helps.<\/p>\n

Where a Marchman Act Petition Fits in Florida Law<\/h2>\n

A Marchman Act petition<\/a> asks a Florida court to decide whether a person should receive involuntary assessment, stabilization, or treatment for substance use. The court decides the petition based on the evidence. Under Fla. Stat. \u00a7 397.675<\/a>, a person may meet the criteria for involuntary admission when there is good faith reason to believe the person is substance abuse impaired, or has a substance use disorder with a co-occurring mental health disorder. The statute also requires loss of self-control<\/a> and other conditions, so read the full text. Other requirements may apply. For the broader framework, see our guide to involuntary commitment for addiction<\/a>.<\/p>\n\n

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Who May File a Petition Under Florida Law<\/h2>\n

For an adult, the statute lists who may file a petition for involuntary treatment services. Under Fla. Stat. \u00a7 397.68112<\/a>, an adult respondent’s petition may be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the respondent’s substance abuse impairment and prior course of assessment and treatment. For a minor, the same section lists a parent, legal guardian, or service provider.<\/p>\n

Other requirements may apply, and the court decides based on the facts presented. The “direct personal knowledge” category depends on the wording of the statute. The court decides whether a particular petitioner fits within it. The petition also must state how the petitioner is related to the respondent, as the next section explains.<\/p>\n

What a Petition Must Contain<\/h2>\n

A petition must name the respondent and the petitioner, and state their relationship. It must also list the respondent’s attorney, if known. Under Fla. Stat. \u00a7 397.68141<\/a>, the factual allegations must demonstrate:<\/p>\n