{"id":6919,"date":"2026-10-17T07:29:06","date_gmt":"2026-10-17T07:29:06","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-petition-response-florida\/"},"modified":"2026-10-20T15:51:50","modified_gmt":"2026-10-20T15:51:50","slug":"marchman-act-petition-response-florida","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/marchman-act-petition-response-florida\/","title":{"rendered":"Respond to a Marchman Act Petition in Florida"},"content":{"rendered":"\n
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Marchman Act Petitions | Robinson Casey<\/p>

Received a Marchman Act Petition? Start With a Confidential Conversation<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters. Richard J.<\/p>

Schedule a Free Consultation<\/a><\/div>
Schedule a Free Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

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

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If you were served with a Marchman Act petition in Florida, start by reading the papers. Note the court, the case number, and any hearing date. The Marchman Act<\/a> is Florida’s law for court-ordered assessment and treatment of substance abuse impairment. This guide explains how the process generally works and what to ask a lawyer. Robinson Casey limits its practice to Marchman Act petitions and guardianship matters.<\/p>\n

What a Marchman Act Petition Asks the Court to Do<\/h2>\n

A Marchman Act petition asks a judge to order an involuntary assessment and, if the statute’s criteria are met, involuntary treatment. The criteria<\/a> appear in Fla. Stat. \u00a7 397.675<\/a>. Under \u00a7 397.675, the criteria include a good-faith reason to believe the person is substance abuse impaired and that the impairment has caused a loss of self-control with respect to substance use. Other requirements also apply, and the court decides based on the evidence and its discretion.<\/p>\n

Petitions must be filed with the clerk of the court “in the county where the person is located.” The clerk may not charge a filing fee, according to Fla. Stat. \u00a7 397.681<\/a>. The person named in the petition is called the respondent.<\/p>\n

The Marchman Act is not the Baker Act. The Baker Act is the short name for the Florida Mental Health Act, as set out in Fla. Stat. \u00a7 394.451<\/a>. Fla. Stat. \u00a7 397.681<\/a> provides that the courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons.<\/p>\n\n

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If a Marchman Act petition has reached your family, you don't have to work through the papers alone, and our team is glad to talk through your options with you. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

Get a free consultation<\/a><\/div>
Get a free consultation<\/a><\/div><\/div>\n<\/div>\n\n
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If You Were Served: What to Do First<\/h2>\n

Reading the papers carefully is the first step. Write down the key facts while you still remember them clearly.<\/p>\n

Fla. Stat. \u00a7 397.68141<\/a> says a petition must name the respondent and the petitioner. It must also describe their relationship and list the factual reasons for the request. Check those facts against what you know.<\/p>\n