Florida Statutes

Fla. Stat. § 397.681 (2025)

Involuntary petitions; general provisions; court jurisdiction and right to counsel.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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397.681 Involuntary petitions; general provisions; court jurisdiction and right to counsel.—

(1) JURISDICTION.—The courts have jurisdiction of involuntary treatment petitions for substance abuse impaired persons, and such petitions must be filed with the clerk of the court in the county where the person is located. The clerk of the court may not charge a fee for the filing of a petition under this section. The chief judge may appoint a general or special magistrate to preside over all or part of the proceedings. The alleged impaired person is named as the respondent.

(2) RIGHT TO COUNSEL.—A respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for his or her involuntary treatment for substance abuse impairment; however, the respondent may waive that right if the respondent is present and the court finds that such waiver is made knowingly, intelligently, and voluntarily. A respondent who desires counsel and is unable to afford private counsel has the right to court-appointed counsel and to the benefits of s. 57.081. If the court believes that the respondent needs or desires the assistance of counsel, the court shall appoint such counsel for the respondent without regard to the respondent’s wishes. If the respondent is a minor not otherwise represented in the proceeding, the court shall immediately appoint a guardian ad litem to act on the minor’s behalf.

History.—s. 6, ch. 93-39; s. 745, ch. 95-148; s. 79, ch. 2004-11; s. 30, ch. 2016-241; s. 28, ch. 2024-245.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 1998–2024 · leading case: Cole v. State, 714 So. 2d 479 (Fla. 2d DCA 1998).

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Cole v. State, 714 So. 2d 479 (Fla. 2d DCA 1998). · cites it 5× “As to both, section 397.681, Florida Statutes (1997), grants the circuit courts jurisdiction to entertain such proceedings.”

TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006). · cites it 2× “Pursuant to section 397.681(2), Florida Statutes (2004), the court must appoint a guardian ad litem to act on a minor's behalf in any action for involuntary assessment, stabilization, or involuntary treatment for substance abuse.”

J.P. v. J.N. (Fla. 5th DCA 2017). · cites it 5× “’s mother filed the petition for involuntary treatment, J.P. was located in a detoxification facility in Volusia County.”

J.P. v. J.N., 225 So. 3d 410 (Fla. 5th DCA 2017). · cites it 5× “He argued that section 397.681, Florida Statutes, requires a petition for treatment to be filed in the county where the person is located.”

In Re: D. H. v. K. J. R. (Fla. 2d DCA 2024). · cites it 2× “See § 397.681(2) ("A respondent has the right to counsel at every stage of a proceeding relating to a petition for his or her involuntary assessment and a petition for his or her involuntary treatment for substance abuse impairment.”

— 397.681(1) — 2 cases

J.P. v. J.N. (Fla. 5th DCA 2017). “’s mother filed the petition for involuntary treatment, J.P. was located in a detoxification facility in Volusia County.”

J.P. v. J.N., 225 So. 3d 410 (Fla. 5th DCA 2017). “He argued that section 397.681, Florida Statutes, requires a petition for treatment to be filed in the county where the person is located.”

— 397.681(2) — 3 cases

Cole v. State, 714 So. 2d 479 (Fla. 2d DCA 1998). “As to both, section 397.681, Florida Statutes (1997), grants the circuit courts jurisdiction to entertain such proceedings.”

TMRMC v. Petersen, 920 So. 2d 75 (Fla. 1st DCA 2006). “Pursuant to section 397.681(2), Florida Statutes (2004), the court must appoint a guardian ad litem to act on a minor's behalf in any action for involuntary assessment, stabilization, or involuntary treatment for substance abuse.”

In Re: D. H. v. K. J. R. (Fla. 2d DCA 2024). “See § 397.681(2) ("A respondent has the right to counsel at every stage of a proceeding relating to a petition for his or her involuntary assessment and a petition for his or her involuntary treatment for substance abuse impairment.”

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