Re: The Marchman Act


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Posted by Craig (65.227.169.144) on December 04, 2001 at 10:08:31:

In Reply to: The Marchman Act posted by Wes on March 17, 2000 at 03:37:10:

First of all, I you want to read the Marchman Act, it is on line, on the State of Florida's Legislature Web Site, Some think like sunshine in the address. any search engine will get you there. Seconldly, There is no uniform compliance to The Marchman Act through the State. Each county make their own decisions about how and whether they enforce/ or not enforce the Statute. Generally, Counties will pass ordinances to enforce the Statute. Each County is different, And I found a statement on the WEB in which Bob Butterworth stated this.

Some counties use public facilities, others use a combination of Public and Private resourses. At least one county in Florida, proactivly, has police Marchman Act alcoholics instead of taking them to jail.

In Broward County, only one agency (unless people have lots of money to self pay) to handle these matters, BARC. BARC will accept some but not others. They have the right to refuse a person on whatever weak grounds they determine. They are not a lock down facility, but the statute speaks of voluntary or in voluntary committments, and states that each county most provide the money and facilities to carry out the statute.

I have had two orders by two different Broward County Judges/Masters signing two direct orders for the person to receive involuntary treatment under the Marchman Act. Barc won't take him, and the county has no means to enforce the orders.

The problem starts with the Broward County commission, who refuses to enact ordinances, or provide the funding and or facilities to carry out the act. Master Lee Jay Seidman said in open court that Broward County did not have Lock-down facilities, but if the had them, he would have used them long ago. Barc frequently does not have beds for those who try to voluntarily get bin the program. Many people are turned away, told to come back the next day from: 6:30 am to 8:00 am to get on a list to be evaluated. Most are turned away, although some day are better than others. Also, Barc uses evaluation factors that are prohited and in violation of the spirit of the statute.

The Public Defender in Fort Lauderdale, who handles these cases, Ray Ferraro told me, that everyone is frustrated with what the county has not given them to enforce the statute, little fault can be given to police, judges, even BARC. He says that there are many dedicated people who wished they had nore to work with.

ISN'T IT HARD TO BELIEVE THAT YOU CAN HAVE AN ORDER OF THE COURT, TO CONFINE SOMEONE FOR TREATMENT, THAT NO ONE WILL ACT ON?

In the records of the Broward County Sheriff's office, it just shows that these warrents were not served, and years pass by.

One more thing, 85% of Broward County crime is drug or alcohol related, not even including figures on domestic violence.

I have sent these statements to State Senator, Eleonor Sobel.

Any information from alcohol experts, legislative experts, etc. Please, write to me. Thanks




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