The Marchman Act Around Tampa: Connecting People with Care When They Need It Most

Substance use disorders can be especially disheartening for families and loved ones. They know their loved one needs help, and that help is available all over the state of Florida. But it’s not uncommon for the loved one to refuse the whole idea of treatment, no matter the pleas from those who care. This is where the Marchman Act comes in, providing court-ordered treatment for those who need it most.

Florida is no stranger to the presence of substances and the development of substance use disorders. In 2022, over 83,000 arrests were made for the possession or sale of substances. The goal of the Marchman Act is to help those living with a substance use disorder get the treatment that others clearly see they need even when they don’t want to go. Addiction can rewire an individual’s brain where drug-seeking behavior takes priority over standard goals like family, career, or even personal well-being. When addiction has become so severe that the individual is no longer capable of making the best choice for themselves, families can invoke the Marchman Act to get a loved one into treatment before it’s too late.

However, the Marchman Act is county-dependent, meaning that rules and criteria for it change depending on which county the individual lives or in which county they commit a crime. Tranquil Shores is a receiver of the Marchman Act petitioners, offering quality and compassionate services to those who may not understand why they need treatment. Does treatment under the Marchman Act really work? What are the stipulations behind it? 

This guide will navigate the entire process of the Marchman Act – specifically in Hillsborough and Pinellas Counties – and provide the tools needed by families, interventionists, and even those seeking help for themselves.

Florida Statute 397 Defined

The Marchman Act falls under Florida Statute 397. Before October 1, 1993, chapter 396 mainly handled cases involving alcohol, while Chapter 397 focused on drug dependencies. After October 1, 1993, Florida Statute 397 – nicknamed the Marchman Act after the Hal S. Marchman Alcohol and Other Drug Services Act – combined alcohol and drug use into substance use disorder. While Chapter 396 still handles some alcohol use situations, the combining of alcohol and substance use disorders for involuntary treatment is now outlined in Statute 397 of the Marchman Act. The purpose of the Marchman Act is for concerned family members, practitioners, and adults with knowledge of concerning substance use to petition the court for help in getting the person treatment. There are finer details in the 58-page stature, but the main point is to connect those who need help to care.

Pros and Cons of The Marchman Act

Not following the ruling of a Marchman Act petition could result in serious consequences. The cons of this are the possibility of serving a prison sentence, which can leave a blemish on the person’s record and cause lost relationships. They may blame their families or the person who submitted the Marchman Act petition, causing distance and hurt between loved ones. While the Marchman Act is meant to help, those living with a substance use disorder may not see it that way at first or at all. If the person has a difficult time reintegrating into society after serving their sentence, they may further place blame on the family and possibly return to use.

Another con of the Marchman Act is the costs that can add up quickly. When filing a petition, it is highly recommended to do so with an experienced lawyer. As we mentioned above, the full Marchman Act is 58 pages, and if the petition is filled out incorrectly, it will be dismissed. Also, the respondent (the person being petitioned) is granted a court-appointed lawyer for the duration of the petition and court hearings. The petitioner would have to prove their case against a legal representative which will be difficult without their own lawyer. Treatment costs are not covered by the court, they are the responsibility of the respondent. While there are state-funded programs, the waiting lists are often very long. If the respondent does not have insurance, the cost of care will have to come out-of-pocket.

As professionals, we understand the pros of the Marchman Act, but families may have to experience some of the cons. The pros of the Marchman Act are that the person who needs help is court-ordered to commit to a program and finish the allotted time in treatment. If they do not adhere to the court order, they will be sent to prison. Most individuals will choose treatment over prison, giving them the opportunity to be professionally evaluated and obtain some days of clarity drug-free, thereby enabling them the opportunity to change their lives for the better.

What Criteria Are Required to File a Marchman Act Petition?

There are three criteria for the Marchman Act, and the person must meet two of the three to qualify to be petitioned. These are:

1. They have lost self-control regarding their substance use disorder
2. They pose a danger to themselves or others through action or neglect
3. They do not have an appreciation of their need for treatment and are not able to make rational decisions in terms of their care as a result of their substance use disorder

While these are generic requirements for the state, counties can have varying criteria that need to be met when petitioning. If the criteria are met, a concerned spouse, family member, practitioner, or person who is familiar with impaired substance use can file a petition under the Marchman Act. This petition is then approved or dismissed by the court and the next steps take place.

Criteria for Pinellas County

The petition process in Pinellas County requires two different petitions to be filed. The Petition for Involuntary Assessment and Stabilization (IAS) uses the above criteria, and the petitioner must secure a bed at an approved facility before submitting the petition. In other words, the petitioner must call facilities and find one that has space to take a new client while also putting together payment options. Some facilities may require a deposit to hold the bed, and if the petition is denied, the petitioner may not get the deposit back. Once submitted and the court has approved, the person will be transported to the facility. While the filing process is free, the petitioner will need to pay $40 to the Sheriff’s Department to cover transport costs. The person may be picked up as soon as one day after the filing.

The facility has 5 days to assess the patient, and once the assessment is complete, the petitioner may file an Ex Parte Petition for Involuntary Services for Substance Abuse (ISSA). A hearing is set where the assessment results are presented. The court rules if treatment is necessary and if the ISSA is granted. It is important for the petitioner to file the ISSA as soon as the assessment is complete to get a hearing as soon as possible. The court system follows the same three criteria listed above to decide if treatment is necessary or not.

The process will look similar to this timeline:

1. The petitioner decides to invoke the Marchman Act on a loved one.
2. The petitioner must call facilities to find which has space available for a new client and discuss payment options. If choosing a state-funded facility, the respondent will be added to the waiting list by the court. This step takes place before the initial filing.
3. The petitioner may hire a lawyer for the petitioning process or continue on their own. The first petition filed is the Involuntary Assessment and Stabilization (IAS).
4. Once approved (typically only taking 1-2 days), the respondent (your loved one) is ordered to be assessed by the treatment provider already identified in the petition. Law enforcement will pick up the individual at the provided address and take them to the facility. This assessment must be completed within 5 days.
5. After the assessment is complete, the petitioner will be notified. They must file an Involuntary Services for Substance Abuse (ISSA) at this time. This will get a court hearing set to determine if treatment is necessary. The assessment is confidential, but it will be subpoenaed for the court to review.
6. Both the petitioner and respondent must appear for the hearing. The court will decide, based on the three criteria above and the assessment, if treatment is required. If approved, the person will be ordered up to 90 days of treatment. If denied, they are free to go and the petitioner can refile if they can provide factual evidence that the respondent needs treatment.

Criteria for Hillsborough County

In Hillsborough County, the process of filing under the Marchman Act is a two-step process. First, the petitioner files a Petition for Involuntary Assessment and Stabilization. This creates a court order for a substance use assessment when the respondent has refused previously. The criteria for this petition are individuals who are not willing to voluntarily get an assessment or treatment for alcohol or drug use, if recommended. The judge will then deny, grant, or request a hearing in response to the petition. If the petition is granted, the respondent is assessed and stabilized. The Agency for Community Treatment Services (ACTS) is then responsible for notifying the petitioner when the assessment is complete. The petitioner must return to the courthouse and

1. Later appear if a hearing is set.
2. Review the judge’s orders if denied.
3. Determine if an involuntary treatment petition should be filed.

The person can only be held for the assessment for 5 days. Once the assessment has been evaluated, an involuntary treatment petition can be filed. This petition must be filed in a timely manner to get a hearing as soon as possible. Filing either petition does not cost anything, but court fees and legal fees may apply.

The criteria the court uses to prove the treatment is necessary is individuals who are not willing to voluntarily get treatment for drug or alcohol use disorders, if recommended. Combined with the assessment and this criteria, the court will provide a ruling. Treatment will be ordered up to 90 days, or the petition is denied and the petitioner will have to refile with more or new evidence that the respondent needs treatment.

The process will look similar to this:

1. The petitioner decides to file a Marchman Act petition for a loved one.
2. The petitioner must call facilities to find which has space available for a new client and discuss payment options. If choosing a state-funded facility, the respondent will be added to the waiting list by the court.
3. The petitioner may hire a lawyer for the petitioning process or continue on their own. The first petition filed is the Involuntary Assessment and Stabilization.
4. Once approved (typically only taking 1-2 days), the respondent is ordered to be assessed. This assessment must be completed within 5 days.
5. After the assessment is completed, the petitioner will file an involuntary treatment petition. The court will determine if the person is not willing to receive drug or alcohol treatment if recommended and also review the results of the assessment.
6. The outcome is decided. The court rules if treatment is required and orders for up to 90 days. Or a hearing is set for a later date to continue reviewing the case. Lastly, the petition is denied and the petitioner can refile with new or more substantial evidence that the respondent needs treatment.

Is There a Certain Time That Is Best to File a Marchman Act Petition?

Timing is crucial when it comes to filing for a Marchman Act petition. The petitioner will have to have a facility lined up that has space available to take the respondent at the time of filing. Court dates and hearings are scheduled relatively quickly, but in some instances, they may take longer. Having a lawyer can help speed the process by ensuring proper paperwork is filled out correctly and delivered in a timely manner. However, it is up to the petitioner to also make sure they are filling out documents as quickly as possible.

Do I Need A Lawyer to File?

While a lawyer is not necessary to file a petition, it has many benefits to do so. As we mentioned above, it is easy to make mistakes on the petition and have it dismissed, even though the person really needs the help. Mark Astor, Esq., CEO of Mental and Addiction Law Firm, had this to say about the process:

“In theory, you could file a Marchman Act Petition without a lawyer, but trying to file a Marchman Act Petition without a lawyer is akin to trying to self-diagnose a medical problem. You could do it, but it’s not a very clever idea to do that. If you want to file it right and if you want to get it done correctly, the best thing to do is to use a lawyer who knows how to file a Marchman Act Petition. It will be a lot less stressful. It will be a lot more efficient, and there’s a whole lot more likelihood of the court granting you a hearing to decide if a Marchman Act Petition should be granted or not.”

Costs for lawyer services with the Marchman Act tend to be case-dependent. Getting into contact with the lawyer directly can better determine how much the process will cost. On average, a Marchman Act lawyer can range in cost from $3,000 to $10,000. It is important to note that the respondent will have a court-appointed lawyer or have the option to hire their own. Having a lawyer on the petitioner’s side can help mitigate and prove cause of the respondent needing treatment. 

How Long Is Treatment and Where Does It Take Place?

The maximum amount of treatment granted after the initial 5-day assessment in the first court order is up to 90 days. However, it is possible to extend treatment further in 90-day increments as the court sees is needed. Initial treatment times can vary and each case will be different. J.S. Lucas Fleming of Fleming Law Group had this to say about how the length of treatment works:

“The first hearing is always granted up to 90 days. A renewal petition can be filed if it is warranted that the person needs more time in treatment. After each increment of treatment is complete, a hearing takes place to decide what happens next.”

Treatment must take place at an approved facility. Each county has a list of facilities that have been approved by the courts to accept patients based on Marchman Act petitions. It is important to note that state-funded facilities are in short supply, including in Pinellas and Hillsborough Counties. Private facilities are highly recommended, and lawyers can help determine which facility is right for the respondent.

The cost will also be a factor in choosing a facility as well as if they have beds available. Substance use disorder treatment varies in cost depending on insurance, treatments provided, services rendered, and length of stay. While state-funded facilities tend to have lower costs, the wait lists can be extensively long. On average, a state-funded facility can cost around $3,000-$7,000 while private facilities can range anywhere from $15,000-$65,000.

Who Pays for Treatment?

As we mentioned above, it is the respondent’s responsibility to cover the cost of treatment. Attorney Astor had this to say about how covering treatment costs works:

“Typically, under the Marchman Act, the respondent is going to be responsible for the cost of care. If the respondent is somebody who is indigent, in other words, they’re not an affluent wealthy person who doesn’t have private health insurance, then in all likelihood, if the assessment recommends treatment, they’re going to be sent to a county provider for substance use treatment.

If, however, they have private insurance or they are independently wealthy, then they can go to a private facility which may provide them with a better level of care. Again, if you’re using an attorney to file the petition, that attorney is typically, hopefully, going to use a court-certified interventionist who can make the best recommendation, so the respondent gets the best level of treatment regardless of whether or not they have insurance or are able to pay out of pocket for treatment.”

What Percent of People Stay in Treatment When They Have Been Marchman Acted?

When it comes to people staying in treatment, J.S. Lucas Fleming had this to say:

“When it comes to those Marchman Acted, almost all of them choose the path of treatment. Here and there someone will leave against medical advice (AMA) before completing the full treatment ordered. At this point, we file an order to show cause that shows the court the person violated their court order.” 

Where Can I File a Petition in Hillsborough and Pinellas County?

In Hillsborough County, petitions for the Marchman Act may be filed Monday-Friday 8:00 am-5:00 pm at:

Mental Health Department of the Hillsborough County Clerk of the Circuit Court at Edgecomb Courthouse

800 East Twiggs Street, Room 205
Tampa, FL 33602

In Pinellas County, petitions for the Marchman Act may be filed Monday-Friday 8:30 am-4:00 pm at the following locations:

Probate Court Records
315 Court St., Room 106
Clearwater, FL 33756

North County Branch Office
29582 U.S. 19 North
Clearwater, FL 33761

St. Petersburg Branch Office
545 First Avenue North
St. Petersburg, FL 33701

What Determines Which County I Can File in?

The county in which the petitioner files has to be the county where the respondent is at the time. This does not have to mean their home address. For example, if the respondent has a residence in Pinellas County but has been living with a friend in Hillsborough County, the petitioner would have to file in Hillsborough County. However, if the petitioner prefers to file in a specific county, they can have the respondent meet them in the county of choice and have law enforcement already waiting if they filed the petition.

While the petitioner can choose any facility in Florida to send the respondent, it is easiest to do so in the county where they filed the petition. This ensures there are no hassles trying to pass legal documents from county to county. It is also important to note that the petitioner must have a physical address for the whereabouts of the respondent so law enforcement has a location to pick them up. If the respondent is homeless and living on the street and no physical address can be provided, they cannot be picked up. This is where the petitioner would have to have an address on the petition and have the respondent meet there. If the petitioner cannot get the respondent to a physical address, it would be best to wait to file until this is possible.

Treatment Under the Marchman Act at Tranquil Shores

Tranquil Shores is one of the few receiving facilities of the Marchman Act located in Pinellas and Hillsborough Counties. As interventionalists ourselves, we understand how impactful substance use disorder can be on family members as well as the person needing care. With so few state facilities and limited bed space throughout Florida, we take pride in accepting Marchman Act clients and easing their transition into treatment.Through medical detox, extensive therapies, and a private, peaceful setting, our program addresses all areas of substance use disorder as well as co-occurring disorders. Mental health often plays a large role in developing addiction, and our dedicated team treats both conditions at the same time. We understand the benefit and need for individual attention during treatment, which is why we keep our client-to-therapist ratio at 3:1. Our clients meet with their therapist twice per week and a medical doctor once per week. At Tranquil Shores, the goal for each client is to face their substance use disorder, resolve past traumas, learn new and healthy coping skills, and forge a new path in recovery.

List of Marchman Act Lawyers In Hillsborough and Pinellas Counties

Fleming Law Group
2701 Fifth Avenue North
St. Petersburg, FL 33713
(727) 202-4858

Paul Figueroa Law
806 E Jackson Street, Suite 1
Tampa, FL 33602
(813) 733-5841

Mindrup Samole Law Firm
(727) 697-7257

Older, Lundy, Koch, & Martino Attorneys at Law
Locations in Tampa, St. Petersburg, Trinity, Clearwater, and Wesley Chapel
(813) 254-8998

Astor Simovitch Law – Mental Health and Addiction Specialists
1200 N. Federal Hwy, Suite 200
Boca Raton, FL 33432
(561) 264-1023

Kim Seace, P.A.
Winthrop Town Center
11131 Winthrop Market Street
Riverview, FL 33578
813-301-8823

Tranquil Shores is a leading provider of substance use disorder treatment, serving Hillsborough and Pinellas Counties as well as neighboring areas. Our therapies go beyond the traditional cognitive behavioral and include accelerated resolution therapy, experiential therapy, holistic recovery, and much more. Our beachfront setting provides a tranquil and safe space for healing and moving forward. Call us today at 727-391-7001 to refer a client or inquire about admitting a loved one. We offer the peaceful and private treatment you deserve.

FAQs About the Marchman Act

How long can you be held on the Marchman Act in Florida?

For the initial assessment, the person can only be held for 5 days under the Marchman Act. Once a petition has been filed and accepted, the person must complete the court-ordered length of treatment.

How much does it cost to file?

Filing a Marchman Act petition has no cost in both Pinellas and Hillsborough Counties. However, Pinellas County requires a $40 fee paid to the Sheriff’s Office to transport the respondent.

How much does obtaining a lawyer to file on your behalf cost?

Attorney fees can vary between law firms, but on average the cost of a Marchman Act lawyer ranges between $3,000 and $10,000.

How much does treatment cost?

Treatment costs will vary from facility to facility and also factors such as insurance can affect the cost. State-funded facilities tend to be the cheapest route, costing only around $3,000 to $7,000. However, with the long wait lists, they are not the fastest option for a person who needs help now. Private facilities range in cost from $15,000 to $65,000.

Can we renew the act for more than 5 days?

Typically, the assessment period lasts for 5 days and then a hearing is set to determine the length of treatment time. The court can grant up to 90 days for treatment. If the assessment is reviewed and treatment is denied, the petitioner can refile but will need to provide more factual evidence that the respondent needs treatment.

Resources

“Florida Health Charts.” 9 November 2017, https://www.flhealthcharts.gov/ChartsDashboards/rdPage.aspx?rdReport=SubstanceUse.Consequences&islCounty=69. Accessed 28 March 2024.

“Fundamentals of the Marchman Act – Self-Insurance Programs.” Self-Insurance Programs, 2 April 2023, https://flbog.sip.ufl.edu/risk-rx-article/fundamentals-of-the-marchman-act/. Accessed 28 March 2024.

“Marchman Act: Substance Abuse.” Ken Burke, CPA Clerk Of The Circuit Court And Comptroller Pinellas County, Florida, 9 November 2017, https://www.mypinellasclerk.org/Portals/0/Info%20Cards/MarchmanAct.pdf. Accessed 28 March 2024.

“Mental Health and Risk Protection Orders | Hillsborough County Clerk.” Hillsborough County Clerk of Courts, https://www.hillsclerk.com/Court-Services/Mental-Health-and-Risk-Protection-Orders. Accessed 28 March 2024.“Statutes & Constitution :View Statutes.” Statutes & Constitution :View Statutes : Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0397/0397.html. Accessed 28 March 2024.