Substance Abuse Case FAQs

If the person in question is an adult, a petition to have him or her examined may be filed by a spouse, guardian, relative, physician, psychologist, clinical social worker or three adults who have personal knowledge of his/her substance abuse.

If the person in question is a minor, a petition to have him or her examined may be filed by a parent, legal guardian, legal custodian, or a service provider.

The petition to have a person examined, assessed or treated for substance abuse must be based upon the sworn testimony or personal knowledge of the petitioner(s). Therefore, you must appear in person to take an oath.

According to Florida law, a petition seeking to commit a person for examination, assessment, or treatment of mental illness must be filed in the county where the person is located. It is also necessary for law enforcement to locate the person at the time the court order is filed.

No. However, the law requires that an attorney be appointed to represent the interests of the respondent.

If the person is committed for assessment, he/she must be assessed within 5 days. Following the assessment, the person is released pending a court hearing. If the person is committed for treatment, he or she may not be detained for more than 60 days unless the court orders an extension upon a petition for renewal.

Yes, but there is a waiting period required to do so. A qualified professional must assess the patient to determine whether further involuntary treatment is needed. If not, the patient is released or referred for treatment on a voluntary basis.

Yes. According to Florida law, the records of a substance abuse service provider are confidential.

Service providers who receive state funds may not deny services based solely upon an individual's inability to pay for treatment, provided that adequate space and resources are available. A person who has received treatment, or the parent or legal guardian of a minor who has received treatment, must contribute toward the cost of substance abuse services.

Sarasota County has one examination facility: Lightshare Behavioral Wellness & Recovery.