You can force a family member into rehab in Florida through a civil court process called the Marchman Act. It lets a spouse, relative, or other adult with firsthand knowledge petition the circuit court to order someone into substance abuse assessment and, if warranted, up to 90 days of treatment. The case is civil, not criminal, and produces no criminal record for the person involved.1The Florida Legislature. Florida Code 397 – Substance Abuse Services
The law is powerful but narrow. Judges will not order someone into rehab just because a family is worried, and the statutory criteria exist to protect the person’s liberty even while giving you a real option.
Who Legally Qualifies for Involuntary Rehab
Before you file anything, measure the situation against the statute. The court needs a good-faith reason to believe the person is substance-abuse impaired, has lost the power of self-control over their use, and meets at least one of two further conditions:2The Florida Legislature. Florida Code 397.675 – Criteria for Involuntary Admissions
- Their judgment is so impaired by substance abuse that they cannot appreciate their need for treatment or make a rational decision about it.
- Without care, they are likely to suffer substantial self-neglect that family or friends cannot prevent, or there is a strong likelihood they will physically harm themselves or someone else.
One point trips up most families. Refusing treatment, by itself, is not proof of impaired judgment.2The Florida Legislature. Florida Code 397.675 – Criteria for Involuntary Admissions A competent adult is allowed to say no. You need specific incidents showing the person cannot grasp the severity of what is happening to them, or concrete examples of harm, near-harm, or self-neglect.
Vague worry will not carry a petition. Dates, behaviors, overdoses, driving incidents, injuries, loss of housing or work, episodes you personally witnessed. That is the material a judge needs.
Who Can File the Petition
The Marchman Act has two separate petitions, and the filing rules differ.
A petition for involuntary assessment and stabilization, which is where almost every family starts, asks the court to order the person into a facility for evaluation. Any of the following can file it for an adult:3Florida Senate. Florida Code 397.6811 – Involuntary Assessment and Stabilization
- A spouse or legal guardian
- Any relative
- A private practitioner
- The director of a licensed treatment provider
- Any adult with direct personal knowledge of the person’s substance abuse
A single qualifying adult can file. You do not need to assemble a group.
A petition for involuntary treatment, which asks for an actual treatment order rather than just an evaluation, has a higher bar. For an adult, it can be filed by the person’s spouse, guardian, a relative, a licensed service provider, or any three adults with personal knowledge of the person’s substance abuse and their history of assessment and treatment.4The Florida Legislature. Florida Code 397.695 – Petition for Involuntary Treatment The three-adult rule exists because the court is being asked to compel treatment, not just an evaluation.
How to File
Petitions go to the clerk of the circuit court in the county where the person is physically located. The filing must include sworn written testimony describing specific incidents you have personally witnessed that match the involuntary admission criteria.
Think like the judge who will read it. General statements such as “he drinks every day” or “she has a drug problem” do not establish lost self-control or impaired judgment. What establishes them is detail: the night in March she passed out in the yard, the car accident last month, the overdose in June, the eviction notice, the statement from her boss, the specific threat you heard. Build the petition from facts, not conclusions.
If the person has already been through assessment or prior treatment and you are seeking a treatment order, document that history as well.
What Happens After You File
The court must schedule a hearing within 10 court working days of filing.5The Florida Legislature. Florida Code 397.68151 – Duties of Court Upon Filing of Petition for Involuntary Services That is business days, not calendar days, so expect roughly two weeks. A magistrate may preside instead of a judge. The person being petitioned (the respondent) must be served with notice and generally must appear, unless the court finds attendance would be harmful to them.
At the hearing, you present your testimony and any supporting evidence. The court decides whether it is reasonable to believe the respondent meets the criteria. If so, the judge orders either involuntary assessment and stabilization or, where that was the petition filed, involuntary treatment.
When the situation is urgent, the court can act before the hearing. If the judge reads the petition and finds an emergency exists, the court can enter an ex parte order for involuntary assessment and direct law enforcement to pick the person up and deliver them to a licensed facility.6Florida Senate. Florida Code 397.6818 – Court-Ordered Involuntary Assessment and Stabilization If the respondent fails to show up and the court believes a substance abuse emergency exists, it can issue an ex parte order lasting up to 90 days.
The respondent has the right to an attorney at every stage, appointed by the court if they cannot afford one.7The Florida Legislature. Florida Code 397.681 – General Provisions for Involuntary Admissions Expect your petition to be tested.
How Long Treatment Lasts
A court-ordered process moves through two stages.
Assessment and stabilization comes first. The person is admitted to a hospital, licensed detoxification facility, or addictions receiving facility for up to five days.3Florida Senate. Florida Code 397.6811 – Involuntary Assessment and Stabilization A provider evaluates the severity of the substance use disorder and recommends a level of care. The facility generally cannot hold someone for observation beyond 72 hours unless withdrawal, medical treatment, or an additional court order justifies more time.6Florida Senate. Florida Code 397.6818 – Court-Ordered Involuntary Assessment and Stabilization
If the assessment confirms treatment is needed and you have a treatment petition before the court, the judge can order involuntary treatment services for up to 90 days. The evidence has to meet a “clear and convincing” standard, which is a demanding one.8The Florida Legislature. Florida Code 397.697 – Court Determination and Effect of Court Order for Involuntary Services If 90 days turns out not to be enough, the provider can petition the court for another 90 days. Treatment may be inpatient or outpatient, depending on what the court finds is the least restrictive placement that fits the person’s needs.
Who Pays for Court-Ordered Rehab
The respondent is generally responsible for the cost of their own treatment. Private insurance may cover a private facility. If the person is uninsured or cannot pay, the statute directs the court to order services from a publicly funded licensed service provider, meaning county or state-funded programs are the default.8The Florida Legislature. Florida Code 397.697 – Court Determination and Effect of Court Order for Involuntary Services
Filing the petition does not make you financially responsible for the respondent’s treatment. But if you want them placed at a specific private facility, confirm acceptance and cost before the hearing. Walking into court without a facility ready to admit the person can stall the whole case.
What Happens If They Refuse or Leave
A Marchman Act order is enforceable. If the person walks out of treatment or refuses to comply, the court keeps jurisdiction and can hold them in civil contempt.8The Florida Legislature. Florida Code 397.697 – Court Determination and Effect of Court Order for Involuntary Services It can modify the treatment plan, change the setting, issue new orders, and direct law enforcement to return the person to the facility. Either party can request a compliance hearing, and the court can set one on its own.
That enforcement is the practical difference between a family intervention and a Marchman Act order. Compliance is not voluntary once the judge signs.
Marchman Act or Baker Act
If the crisis is primarily driven by alcohol or drug use, the Marchman Act is the right tool. The Baker Act (Chapter 394) covers involuntary examination and treatment for mental illness and specifically excludes substance abuse impairment from its definition of mental illness.9Florida Department of Children and Families. Baker Act and Marchman Act Comparison Filing the wrong one wastes days you may not be able to afford to lose. When both a mental health disorder and a substance use disorder are present, the Marchman Act criteria account for co-occurring conditions.2The Florida Legislature. Florida Code 397.675 – Criteria for Involuntary Admissions