Before you start
The Marchman Act is Florida’s law for court-ordered substance use assessment and treatment. If you’re new to it, read our Marchman Act overview first. It explains the legal criteria and who can file.
In Jacksonville, Marchman Act petitions are handled by the Duval County Clerk of Courts Mental Health Department. The steps below come from the Clerk’s Mental Health Department page, checked in November 2026. Offices update their processes, so call the Clerk’s office to confirm before you go.
This page is general information, not legal advice. Laws and court procedures change, so check the current statute or talk with a Florida attorney about your situation.
What the Clerk’s office asks you to bring
- Your own valid photo ID
- Enough identifying information about your loved one to fill out an information sheet. Their date of birth is required
- The address where the Sheriff’s Office can try to find them
- Your notes about what has happened: dates, behavior you saw, threats, overdoses, past treatment
Your loved one must be located in Duval County. If they are in St. Johns, Clay or Nassau County, the petition goes to that county’s Clerk.
Filing step by step
Get the forms
The Clerk’s page lists the Marchman Act Petition, the Mental Health Information Sheet and a Notice of Related Cases. Florida DCF also publishes Marchman Act forms.
File in person or online
You can file in person during intake hours, or use Florida’s statewide e-filing portal at myflcourtaccess.com with the Marchman Act Petition form.
Choose a filing option
The Clerk describes two options: asking that your loved one be taken for detox, or asking for a court date. The table below compares them.
Duval Clerk Mental Health Department
Mailing address: 501 West Adams Street, Room 2409, Jacksonville, FL 32202. Hours: Monday to Friday, 8 a.m. to 5 p.m., excluding holidays. New petitions are taken until 4 p.m.
Phone: (904) 255-1986
The two filing options in Duval County
| Detox option | Court date option | |
|---|---|---|
| What you ask for | That your loved one be taken to a detox receiving facility listed by the Clerk | A hearing with a magistrate |
| What happens next | If the order is approved, the Sheriff’s Office tries to serve your loved one at the address you gave and take them to the facility | A summons is issued and the Sheriff’s Office tries to serve your loved one |
| Time limit | The order is enforceable for 7 days unless it says otherwise | The hearing is set by the court |
| Decision | A judge decides whether to approve the order | The magistrate decides whether to order an assessment |
After you file: what can happen
- If your loved one is served but doesn’t come to court, the court may dismiss the case, reschedule the hearing or issue a writ of bodily attachment to have them brought in.
- If they can’t be served, the court may dismiss the case or reset the hearing.
- If you don’t come to the hearing, the case may be dismissed. Plan to be there.
- If they are ordered to an assessment and don’t go, the facility may file a motion for contempt.
If you change your mind
Sometimes things change after filing. The Clerk’s page says that if an order was granted but not yet served, you can file a notarized Motion to Dismiss Ex Parte Order. If you filed but no order has been entered, you can file a notarized Notice of Voluntary Dismissal.
A note on who can file
Section 397.68112 of the Florida Statutes lets a spouse, legal guardian, any relative, a service provider or an adult with direct personal knowledge file for an adult. The Clerk’s page words this a little differently, so if you aren’t a relative, ask the Clerk’s staff what they need from you.
Plan for what comes after
A court order can get your loved one assessed, but treatment works better with a plan. Think ahead about insurance, the level of care that may fit, and who will be there when they come home. Our pages on the first week of rehab and caring for yourself may help while you wait. Every family guide is on our help for families page.
Duval County Marchman Act questions
Is there a fee to file a Marchman Act in Duval County?
Florida law (section 397.681) says the Clerk of Court may not charge a fee to file a Marchman Act petition. Ask the Clerk’s office whether any other costs, such as service, may apply to your case.
Can I file a Marchman Act online in Jacksonville?
Yes. The Duval Clerk’s page says you can file through the statewide e-filing portal at myflcourtaccess.com using the Marchman Act Petition form.
Where is the Duval County Clerk’s Mental Health Department?
The Clerk’s website lists the mailing address as 501 West Adams Street, Room 2409, Jacksonville, FL 32202, and the phone number as (904) 255-1986. Call ahead to confirm where to file in person.
Can I file a Marchman Act on my teenager in Duval County?
Yes, but only a parent, legal guardian, legal custodian or licensed service provider can start the case for a minor, according to the Clerk’s page. A hearing is scheduled after the petition is filed. See our teen treatment guide too.
Can I choose which facility my loved one goes to?
With the detox option, the Clerk’s page names the receiving facilities. Florida law says a court treatment order should use the person’s chosen licensed provider when possible and appropriate. Ask about this at the hearing.