Florida’s Marchman Act is the state law that lets a spouse, relative, or other qualifying person ask a court to order someone into substance abuse assessment and treatment when that person refuses to go voluntarily. It lives in Chapter 397 of the Florida Statutes and covers everything from a short protective hold by a police officer to court-ordered treatment lasting up to 90 days.1The Florida Legislature. Florida Statutes Title XXIX – Chapter 397 – Substance Abuse Services The person being committed keeps the right to an attorney at every stage, at no cost if they cannot afford one.
The law applies only to substance abuse impairment, meaning use of alcohol or any mood-altering substance that has caused mental, emotional, or physical problems and socially dysfunctional behavior. It also reaches people with co-occurring substance abuse and mental health disorders.2The Florida Legislature. Florida Statutes 397.675 – Criteria for Involuntary Admissions If the driving problem is mental illness rather than substance use, the Baker Act (Chapter 394) is the separate mechanism; a Marchman Act judge who sees signs of mental illness can start Baker Act proceedings in addition.3Florida Department of Children and Families. Baker Act and Marchman Act Comparison
Who Qualifies for Involuntary Admission
Heavy use alone is not enough. Florida sets a two-part test, and both parts have to be satisfied.2The Florida Legislature. Florida Statutes 397.675 – Criteria for Involuntary Admissions
First, there must be good reason to believe the person has lost the power of self-control over their substance use. This means genuinely cannot stop, not simply chooses not to.
Second, at least one of the following also has to be true:
- The person’s judgment about their own need for treatment is so impaired by substance abuse that they cannot appreciate the need or make a rational decision about it. Refusing treatment by itself is not proof of impaired judgment.
- Without treatment, the person is likely to seriously neglect their own care, that neglect poses a real and present threat to their well-being, and family, friends, or other services cannot avert the harm.
- There is a substantial likelihood the person has hurt, threatened, or attempted to hurt themselves or someone else, or will do so without treatment.
The line between refusal and impaired judgment matters. A person who calmly declines treatment while otherwise functioning does not automatically meet the criteria; the refusal has to trace back to substance-impaired thinking.
Who Can File a Petition
For an adult, the following people can file a petition for involuntary services:4The Florida Legislature. Florida Statutes 397.68112 – Involuntary Services; Persons Who May Petition
- A spouse or legal guardian
- Any relative
- A licensed service provider
- Any adult with direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment
For a minor, only a parent, legal guardian, or service provider can file.
The petition has to lay out the facts supporting the two-part test: why you believe the person has lost self-control, and which additional condition applies. If a qualified professional examined the person within the past 30 days, their report can accompany the petition. If the person refused evaluation, say so.
Florida clerks cannot charge a filing fee for a Marchman Act petition.5The Florida Legislature. Florida Statutes 397.681 – Involuntary Petitions; General Provisions; Court Jurisdiction and Right to Counsel
Three Ways the Process Can Start
Florida law provides three entry points, matched to different levels of urgency.
Protective Custody by Police
A law enforcement officer can take someone into protective custody without any petition or court order when the person appears to meet the criteria and either comes to the officer’s attention or is found in a public place.6Florida Senate. Florida Statutes 397.677 – Protective Custody; Circumstances Justifying The officer delivers the person to a licensed facility, not to jail. This is the fastest route and fits situations of immediate risk.
Emergency Admission Through a Qualified Professional
A hospital, licensed detoxification facility, or addictions receiving facility can admit someone for emergency assessment and stabilization when a qualified professional certifies the substance abuse impairment and an application for emergency admission is completed.7Florida Senate. Florida Statutes 397.679 – Emergency Admission; Circumstances Justifying
Court-Ordered Services Through a Petition
Filing a petition in circuit court is the pathway most families use. It takes longer than the other two because a hearing has to happen, but it produces a court order with real enforcement behind it.
What Happens After You File
The court must schedule a hearing within 10 court working days of the petition being filed, unless a continuance is granted.8The Florida Legislature. Florida Statutes 397.68151 – Duties of Court Upon Filing of Petition for Involuntary Services The court sends copies of the petition and the hearing notice to the person, to their attorney if one is known, and to their spouse or guardian.
The person has to be present at the hearing unless the judge finds their presence would be harmful, in which case the court appoints a guardian advocate.9Florida Senate. Florida Statutes 397.6818 – Court Determination The person is entitled to be examined by a court-appointed qualified professional.
After hearing the evidence, the judge can:
- Dismiss the petition if the criteria are not met
- Order involuntary assessment and stabilization at a licensed facility, addressing whether a less restrictive alternative is available and letting the person choose among licensed providers when possible
- Start Baker Act proceedings if mental illness is also involved
If the person cannot be located or refuses to appear, the court can order the sheriff to take them into custody and deliver them to the designated facility.
How Long Treatment Lasts
When the court finds by clear and convincing evidence that the conditions for involuntary treatment are met, it can order treatment from a licensed provider for up to 90 days.10The Florida Legislature. Florida Statutes 397.697 – Involuntary Treatment Services Clear and convincing evidence is a higher standard than the ordinary civil “more likely than not” test.
At the end of 90 days, the person is automatically discharged unless a motion to renew the involuntary services order was filed with the court before that period ran out.11The Florida Legislature. Florida Statutes 397.6977 – Disposition of Individual Upon Completion of Involuntary Services Renewal is not automatic. The petitioner has to return to court and show the conditions still exist.
Rights of the Person in Treatment
The person has the right to an attorney at every stage, and the court must appoint one at no cost if they cannot afford one.5The Florida Legislature. Florida Statutes 397.681 – Involuntary Petitions; General Provisions; Court Jurisdiction and Right to Counsel Even if the person waives counsel, the judge can appoint one anyway. Minors who are not already represented get a guardian ad litem appointed immediately.
Florida law requires the person’s dignity to be respected throughout admission, treatment, and transportation. Someone going through the Marchman Act who has not been accused of a crime cannot be held in a jail or detention center, aside from the brief protective custody the statute permits.12Florida Senate. Florida Statutes 397.501 – Rights of Individuals Treatment has to be the least restrictive option appropriate for the person’s needs.
Treatment records are confidential under both Florida law and federal regulations. A provider cannot disclose identity, diagnosis, or treatment details without written consent, except in narrow situations such as medical emergencies, internal treatment coordination, government audits, and court orders.12Florida Senate. Florida Statutes 397.501 – Rights of Individuals
What If They Try to Leave
A Marchman Act order carries the enforcement power of any court order. The court keeps jurisdiction over the case and can start contempt of court proceedings against anyone who violates it.1The Florida Legislature. Florida Statutes Title XXIX – Chapter 397 – Substance Abuse Services A person who walks out of treatment against the order can be brought back before the judge and face contempt sanctions. Facilities designated as “secure” under the law can prevent premature departure when leaving would violate the order. For families who have already tried asking, that legal weight is often what keeps their loved one in treatment long enough for it to work.