25-09 2ND AMENDED, SUPERSEDES 25-09 AMENDED IN RE: MENTAL HEALTH - ORDER GOVERNING MARCHMAN ACT PROCEDURES - ORDERED 03/26/2025 BY CHARLES G. CRAWFORD
IN RE: MENTAL HEALTH – ORDER GOVERNING MARCHMAN ACT PROCEDURES
Chapter 397, Florida Statutes, commonly referred to as The Hal S. Marchman Alcohol and Other Drug Services Act (“Marchman Act”), authorizes judges to enter orders, ex parte or after notice and a hearing, authorizing the involuntary assessment, treatment and stabilization of individuals, and further requires the court to consider Petitions for Involuntary Treatment Services when timely filed. The establishment of procedures and implementation of a uniform petition and uniform orders for Marchman Act proceedings is necessary to ensure the efficient and expeditious processing and resolution of such actions.
By the power vested in the chief judge under Article V, section 2(d) of the Florida Constitution, section 43.26, Florida Statutes, and Rule 2.215 of the Florida Rules of General Practice and Judicial Administration, effective immediately, unless otherwise provided herein, to continue until further order and superseding any provisions in prior Administrative Orders that may be inconsistent, it is ORDERED:
(A) Upon the filing of a Petition for Involuntary Treatment Services for a substance abuse impaired person, the Clerk of the Court shall forward the court records to the Mental Health/Risk Protection Order Duty Judge. Any self-represented party filing a Petition for Involuntary Treatment Services for a substance abuse impaired person shall utilize the standard Petition attached hereto as Attachment “A”.
(B) Upon receipt of a Petition for Involuntary Treatment Services, the Duty Judge shall either:
(1) Issue an order and summons for the Respondent to appear for a hearing to be held within ten (10) court working days from the date the Petition is filed, unless a continuance is granted. The Duty Judge shall utilize the order attached hereto as Attachment “B” (Brevard County) or Attachment “C” (Seminole County). The hearing may be referred to a General Magistrate as provided
by law. The Duty Judge shall also determine whether the Respondent is represented by counsel and, if appropriate based on the contents of the Petition, enter an order provisionally appointing the Office of Criminal Conflict and Civil Regional Counsel to represent the Respondent until a determination of indigency is completed; or
(2) Enter an order denying the Petition for Involuntary Treatment Services if the Duty
Judge determines the allegations do not reasonably meet the criteria for involuntary admission (or none of the provisions of section 397.68111(2)-(4), Florida Statutes, have been met), or that the Petition was not executed by the appropriate individual. In this case, the Duty Judge shall utilize the order attached hereto as Attachment “D”.
(C) If an order and summons is issued pursuant to (B)(1), the Duty Judge shall transmit the order and summons to the Clerk of the Court who shall furnish a copy of the Petition, order and summons, and any other document related to the Petition for Involuntary Treatment Services to the Sheriff of the county in which the Respondent resides or can be found, who shall effect service upon the Respondent as soon thereafter as possible on any day of the week and at any time of the day or night. The Clerk of the Court shall also furnish to the Sheriff such information on the Respondent’s physical description and location. If the Petitioner is represented by counsel, the judge shall, in addition to transmitting the order to the Clerk for filing and docketing, copy (CC) the order to counsel for the Petitioner who may utilize a private certified process server in lieu of the Sheriff. The Sheriff, or counsel for Petitioner, as appropriate, shall file with the court a return indicating service or non-service.
(D) Upon receipt of a Petition for Involuntary Treatment Services, the Mental Health/Risk Protection Order Duty Judge may also, consistent with the requirements of section 397.68141 and 397.6818, Florida Statutes, either:
(1) Enter an ex parte order authorizing the involuntary assessment and stabilization (Brevard County) or ex parte order authorizing the involuntary assessment and stabilization and order and summons to appear at hearing on petition for involuntary treatment services (Seminole County) of the Respondent if it is determined the allegations demonstrate that exigent and/or emergency circumstances exist and is legally sufficient to warrant ex parte relief. In this case, the Duty Judge shall utilize the order attached hereto as Attachment “E” (Brevard County) or Attachment “F” (Seminole County) and shall enter, if appropriate, an order appointing counsel; or
(2) Enter an order denying a request for involuntary assessment and stabilization if the Duty Judge determines the allegations do not demonstrate that exigent and/or emergency circumstances exist and/or an assessment has already been completed in the previous 30 days. In this case, the judge shall utilize the order attached hereto as Attachment “G”. (E) If an ex parte order granting the involuntary assessment and stabilization of a Respondent is entered pursuant to (D)(1), the Duty Judge shall transmit the order to the Clerk of the Court who shall furnish a copy of the Petition, ex parte order, and any other document related to the action to the Sheriff of the county in which the respondent resides or can be found, who shall effect service upon the respondent as soon thereafter as possible on any day of the week and at any time of the day or night. The Clerk of the Court shall also furnish to the Sheriff such information on the respondent’s physical description and location. The Sheriff shall file with the court a return indicating service or non-service, as appropriate.
(F) If an order denying ex parte relief is entered pursuant to (D)(2), the Duty Judge shall transmit the order to the Clerk of the Court who shall furnish a copy of the order denying ex parte relief to the Sheriff to be included with the documents to be served by the Sheriff pursuant to (C).
(G) If an ex parte order authorizing the involuntary assessment and stabilization of the Respondent is entered, a licensed service provider shall conduct an assessment and stabilization of any individual involuntarily admitted pursuant to the Marchman Act within 72 hours of such person’s admission to such facility. If such provider is unable to conduct an assessment within 72 hours of the person’s admission, the provider may file a written request for an extension of time to complete the assessment. Such request for extension of time shall be furnished to all parties, and a courtesy copy delivered to the assigned division judge. Upon receipt of such filing, the assigned judge may, after review, grant additional time not to exceed the time period within which the Petition for Involuntary Treatment Services has been scheduled for hearing. The licensed service provider shall file the Respondent’s clinical assessment with the Clerk of the Court and shall also provide it to the Petitioner, the Respondent, and any counsel no later than the ordinary close of business the day before the hearing on the Petition for Involuntary Treatment Services, which shall satisfy the provisions of section 397.6758, Florida Statutes if it contains the Respondent’s admission and discharge information. In addition, the Clerk of the Court shall provide the Respondent’s clinical assessment to the Petitioner, Respondent, and any counsel representing parties in the matter.
The Uniform Petition and Orders attached to this Administrative Order may be amended from time to time without further amendment of this Administrative Order.
DONE AND ORDERED this 26th day of March 2025.
CHARLIE CRAWFORD
CHIEF JUDGE
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