{"id":7313,"date":"2026-10-19T00:34:35","date_gmt":"2026-10-19T00:34:35","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-marchman-act-order-enforcement-transport\/"},"modified":"2026-10-20T15:28:06","modified_gmt":"2026-10-20T15:28:06","slug":"involuntary-commitment-addiction-marchman-act-order-enforcement-transport","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/involuntary-commitment-addiction-marchman-act-order-enforcement-transport\/","title":{"rendered":"Marchman Act Order Enforcement Florida | Robinson Casey"},"content":{"rendered":"\n
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Marchman Act Petitions | Miami-Dade and South Florida<\/p>

Helping Families Move Marchman Act Orders Forward<\/h1>

Robinson Casey focuses exclusively on Marchman Act petitions and guardianship matters for families across South Florida and statewide. Call (561) 849-4149 to talk through your situation.<\/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 18, 2026<\/p>\n\n

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A Marchman Act order enforcement request asks a Florida court to act when a person under a Marchman Act order is not following it. If the court finds it necessary, it may direct the sheriff to take that person into custody and deliver them to a licensed treatment provider. It can also start contempt proceedings for violating a valid order.<\/p>\n

Robinson Casey limits its practice to Marchman Act and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer. The firm serves families in Miami-Dade, South Florida and statewide.<\/p>\n

What a Marchman Act Enforcement and Transport Order Is<\/h2>\n

A Marchman Act enforcement or transport order is a request that asks the court to act in a case that is already open.<\/p>\n

The original petition asks the court to decide whether the legal criteria are met. A later request asks the court to act on what it already ordered, such as sending the respondent to a facility. The Fla. Stat. \u00a7 397.675<\/a> sets out the criteria, including whether the person has lost self-control over substance use.<\/p>\n

Three groups are involved. The respondent is the person named in the petition. The petitioner is the person who filed it. The court decides what happens next. For an adult respondent, a spouse, legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and of the respondent’s prior course of assessment and treatment may file (Fla. Stat. \u00a7 397.68112<\/a>).<\/p>\n\n

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If a loved one is not following a Marchman Act order, you do not have to work out the next steps alone; our team can 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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What the Order Covers: Transport, Law Enforcement and Facility Admission<\/h2>\n

A transport order lets the court send law enforcement to take the respondent to a licensed provider. If the court finds it necessary, it may direct the sheriff to take the respondent into custody. The sheriff then delivers the person to the provider named in the order or the nearest appropriate one (Fla. Stat. \u00a7 397.697<\/a>).<\/p>\n

The court shall hear and review all relevant evidence, including the results of the assessment completed by the qualified professional, and the respondent must be present at the hearing unless the court finds he or she knowingly, intelligently, and voluntarily waives the right to be present or, upon receiving proof of service and evaluating the circumstances of the case, that his or her presence is inconsistent with his or her best interests or is likely to be injurious to self or others (Fla. Stat. \u00a7 397.6957<\/a>).<\/p>\n

The court can order treatment from the respondent’s chosen licensed service provider if possible and appropriate, and otherwise dismisses the petition. It can also order a privately funded provider if the respondent can pay, or if someone acting for the respondent shows they are willing and able to pay. Before the court orders treatment, the conditions must be proved by clear and convincing evidence.<\/p>\n

When a Respondent Does Not Comply: Enforcement Steps<\/h2>\n

If a respondent does not follow an order, the petitioner can bring the problem back to the court. The court keeps authority over the case after it orders treatment. It can monitor compliance, change the treatment type, or start contempt proceedings for violating a valid order (Fla. Stat. \u00a7 397.697<\/a>).<\/p>\n

Common situations include a respondent who skips an assessment, leaves a facility, or refuses to go with an officer. Before filing, gather dates, witness names, copies of prior orders, and any notes from the provider. Family members who know the person’s history can testify. The court may also order drug tests.<\/p>\n

The petitioner carries the burden of proof.<\/p>\n

How the Process Works: Step-by-Step Timeline<\/h2>\n

The process moves through a few clear steps. The statute sets several of the timing rules.<\/p>\n

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  1. Review.<\/strong> Bring the order, the petition, and a list of missed care to a consultation.<\/li>\n
  2. Filing.<\/strong> The petition goes to the clerk in the county where the person is located. The clerk may not charge a filing fee (Fla. Stat. \u00a7 397.681<\/a>).<\/li>\n
  3. Hearing and service.<\/strong> The court schedules a hearing within 10 court working days unless it grants a continuance. Unless a circuit court’s chief judge authorizes disinterested private process servers, the clerk electronically submits the summons to law enforcement within 6 hours after it is issued (Fla. Stat. \u00a7 397.68151<\/a>).<\/li>\n
  4. Counsel.<\/strong> At the start, the court must determine whether the respondent has an attorney or whether appointing counsel is appropriate. The court must appoint one when it believes the respondent needs or desires counsel, without regard to the respondent’s wishes (Fla. Stat. \u00a7 397.681<\/a>).<\/li>\n
  5. Transport and admission.<\/strong> The sheriff or provider moves the respondent under the court order.<\/li>\n<\/ol>\n

    These are statutory limits. Actual dates depend on the court’s calendar and the facts of each case.<\/p>\n

    How Long a Person Can Be Held Under the Marchman Act in Florida<\/h2>\n

    At the end of the hearing, the court either dismisses the petition or orders the respondent to receive involuntary treatment services from his or her chosen licensed service provider if possible and appropriate; the 90-day limit is set in s. 397.697. When the conditions are expected to continue, a renewal petition can extend treatment for up to another 90 days (Fla. Stat. \u00a7 397.6975<\/a>).<\/p>\n

    An individual receiving involuntary treatment services may be determined eligible for discharge to the most appropriate referral or disposition before the end of the 90-day period when a listed condition applies, as provided in Fla. Stat. \u00a7 397.6971<\/a>. Early release grounds include:<\/p>\n