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Thirteenth Judicial CircuitThirteenth Judicial Circuit
  • Home
  • About
    • About the Court
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    • Contact Us
    • Duty Judge Assignments & PP Court
    • Jury Duty
  • Court Services
    • Certified Process Servers
    • Court Operations
      • Circuit Court Reporting
      • Court Interpreter Center
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        • Children's Advocacy Center
        • Supervised Visitation
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      • Domestic Relations Case Management Unit
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Marchman Act Drug Treatment Court

Marchman Act Drug Treatment Court

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About Marchman Act Drug Treatment Court

Marchman Act Drug Treatment Court – Division “Z”
Courtroom 32 (Hillsborough County Courthouse Annex, Fifth Floor)

The preferred method for communication with Marchman Act Drug Treatment Court – Division “Z” is by email at felonydivz@fljud13.org.

If you are a participant and have any questions regarding if your presence is required please contact your attorney, the AOC case manager or the Judicial Assistant. If you do not have a private attorney, your case will be represented by an attorney from the Office of Regional Counsel. Their phone number is (813) 221-5134. The AOC Court Specialist Ms. Cheryl Cowans (handling last names beginning A-L) can be contacted by phone at (813) 276-8519 or by email at cowanscm@fljud13.org. AOC Court Specialist Ms. Gina Traxler (handling last names beginning M-Z) can be contacted by phone at (813) 272-5518 or by email at gina.traxler@fljud13.org.

Note: The Judicial Assistant cannot give legal advice or discuss the facts of a case with the parties, nor is the Judicial Assistant permitted to convey information from the parties to the Judge. The opportunity for the parties to address the Judge occurs only in open court.

Description
The Marchman Act is a law specific to Florida and was named after Rev. Hal S. Marchman when instituted it in 1993. The statute allows families to petition the courts for mandatory assessment and substance abuse treatment.

The criteria for all involuntary admissions includes:
There is good faith reason to believe the person is substance abuse impaired and, because of such impairment:
    1. Has lost the power of self-control with respect to substance use; and either
    2a. Has inflicted, or threatened or attempted to inflict, or unless admitted is likely to inflict, physical harm on himself or herself or another; or
      b. Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that the person is incapable of appreciating his or her need for such services and of making a rational decision in regard thereto; however, mere refusal to receive such services does not institute evidence of lack of judgment with respect to his or her need for such services.

History
In 1993 Representative Steven Wise of Jacksonville introduced legislation to combine chapters 396 and 397 of Florida Statutes into a single law that clearly spelled out legislative intent, licensure of service providers, client rights, voluntary and involuntary admissions, offender and inmate programs, service coordination, and children’s substance abuse services. The statute was named the Hal S. Marchman Alcohol and Other Drug Services Act of 1993 -- generally referred to as the Marchman Act. The Act was named after Rev. Hal. S. Marchman, an advocate for persons who suffer from alcoholism and drug abuse, who was recognized by the Legislature for his contributions addressing the delivery of substance abuse services. To implement the new Chapter 397, Florida Administrative Code was developed to provide the standards that service providers must uphold in order to be licensed to serve persons with addictions. It also provided detailed policies governing the entire licensing process as well as other provisions. These rules are identified as Chapter 65D-30 of the Florida Administrative Code. These rules have specific legislative authority. Since the rules cannot restate language from the statute, it is critical that individuals are aware of the provision from the law AND the rules in order to carry out the law, protect their agencies from liability, and protect their clients from harm.

Links

General Help and Hotlines

  • Crisis Center of Tampa Bay
  • Family Resource Centers
  • Financial Assistance Resources
  • Hillsborough County Children’s Board
  • Child Abuse Hotline
    1-800-96-ABUSE
  • Department of Children and Families
  • National Center for Missing and Exploited Children
  • Florida Network of Youth and Family Services (Ungovernable youth)

Family Violence Resources

  • National Domestic Violence Hotline
    1-800-799-SAFE
  • The Spring of Tampa Bay
    813-247-7233
  • Mary and Martha House
    813-645-7874
  • Love is respect
    1-866-331-9474

Health Resources

  • Suncoast Community Health Center
  • Tampa Family Health Centers
  • Hillsborough County Health Dept WIC

Suicide and Self Injury Prevention Resources

  • Teen Crisis and Suicide Hotline
    (211 Helpline)
     Call 211
  • National Suicide Prevention
    1-800-273-TALK

Sexual Abuse Resources

  • Crisis Center of Tampa Bay
  • Mary Lee’s House
  • RAINN (Rape, Abuse and Incest National Network)
  • Public Health


Substance Use Resources

  • Agency for Community Treatment Services (ACTS)
  • Adult Addictions Receiving Facility
    (813) 367-2317
  • Ibis Behavioral Health
  • Phoenix House
  • Westcare

Mental Health Resources

  • Hillsborough County CINS/FINS
  • Ibis Behavioral Health


Forms

  • Marchman Act Handbook
  • Petition for Involuntary Treatment Services





Community Partners

  • ACTS: Agency for Community Treatment Services
    (813) 367-2317
  • Clerk of the Circuit Court
    (813) 276-2029
  • Hillsborough County
  • Hillsborough County Children’s Services
  • Hillsborough County Sheriff’s Office
  • Juvenile Addictions Receiving Facility
  • Office of Regional Counsel
  • Tampa Police Department
  • University of South Florida

Frequently Asked Questions

What are the steps to getting the Marchman initiated?

The petitioner will go to the 13th judicial County Court located at 800 East Twiggs Street, Tampa, FL 33602 Room 205 to complete the petition. The office is open Monday-Friday from 8:00 am-5:00 pm. Once the petition is completed, the judge will either issue a pick-up order or will set a court date to hear evidence about the petition. If the judge grants the petition, the respondent will have an assessment completed at AARF or JARF. After the assessment is completed, the petitioner will be notified and a treatment petition can be filed, if the petitioner chooses. Once the treatment petition has been filed, the judge will set a court date within five days. If the judge orders treatment, the respondent will be given instructions on how to engage in treatment.

What information should I put in the petition?

The petition should be as specific as possible. Please include information about the type and amount of substances that the respondent uses and their symptoms of use (loss of job, slurred speech, etc.). The information should be specific to dates and first-hand knowledge of substance use. Please include information such as previous treatment episodes, hospitalizations because of substance use, mental health diagnoses, and treatment.

Who is responsible to pay for treatment?

The respondent and petitioner are responsible for paying for treatment, however, there are some county funds available to supplement the cost of treatment. Most treatment providers that are used in this court use a sliding scale fee. This means that the respondent will have to provide paycheck stubs and proof of income and fees can be reduced due to financial necessity.

Does the petitioner have to come to court?

The petitioner must come to court for the assessment hearing and the treatment hearing. In addition, if the respondent is noncompliant, the petitioner will need to appear to testify about problems that are occurring with the respondent. However, if the respondent is compliant and is engaged in treatment, the petitioner DOES NOT need to appear in court. The petitioner can contact their designated Drug Court Specialist to find out if court appearance are mandated.

What happens if the respondent is noncompliant?

If the respondent is noncompliant (for example petitioner reports of continued use, missing groups, missing drug screens, or positive UDS), the judge will set a court date, known as an “Order to Show Cause,” in which the respondent will be subpoenaed to appear in court. After hearing all evidence in the case, the judge will make a ruling and can find the respondent in contempt of court for violating the court order. The judge has the authority to incarcerate the respondent for 5 months and 29 days if they are found in contempt of court.

Contact Us

Marchman Act Drug Treatment Court – Division “Z”
Administrative Office of the Courts
419 Pierce Street, Suite 107
Tampa, FL 33602
Phone: (813) 276-8190

Court Specialist
Cheryl Cowans (handling last names beginning with A-I)
Phone: (813) 276-8519
Email: cowanscm@fljud13.org

Gina Traxler (handling last names beginning with J-Z)
Phone: (813) 272-5518
Email: gina.traxler@fljud13.org

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