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Marchman Act vs Baker Act: What's the Difference?

Florida's two involuntary care laws, side by side.

Marchman Act vs Baker Act: What's the Difference?floridarehab.net
The Baker Act is Florida's involuntary mental health law; the Marchman Act is Florida's involuntary substance abuse law. A Baker Act starts with an involuntary examination for mental illness. A Marchman Act is aimed at someone who has lost control of drug or alcohol use, and family members can petition the court directly.
Marchman ActBaker Act
CoversSubstance abuse impairment (drugs or alcohol), including with a co-occurring mental health disorderMental illness
LawChapter 397, Florida StatutesChapter 394, Part I, Florida Statutes
Who can petition the courtSpouse, guardian, any relative, service provider, or an adult with direct personal knowledge (parent, guardian or provider for minors)A receiving or treatment facility administrator or treating service provider
Initial holdGenerally up to 72 hours for assessment and stabilization, longer if detox or medical care is neededInvoluntary examination up to 72 hours, starting when the person arrives at the facility
Where the person goesHospital, licensed detox or addictions receiving facility; adults in protective custody can also be held in a jail for their protection (not an arrest)A designated receiving facility
Court-ordered treatmentUp to 90 days, renewable for up to 90 moreUp to 6 months of inpatient placement, outpatient services or both
Lawyer for the personRight to counsel; appointed counsel comes from the office of criminal conflict and civil regional counselPublic defender is appointed

Which one fits?

If the main problem is drug or alcohol use and the person is refusing help, the Marchman Act is usually the right tool, and families can start it themselves through a petition. If the main concern is a mental health crisis, such as psychosis or suicidal behavior, the Baker Act applies. In a Marchman hearing, a judge who believes the person also has a mental illness can start Baker Act proceedings.

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How the 2024 law changed both

The 2024 rewrite (CS/CS/HB 7021) aligned parts of the two acts, including discharge planning, remote witness testimony and family testimony rules. For the Baker Act it merged inpatient and outpatient petitions and raised the outpatient maximum from 90 days to 6 months. For the Marchman Act it merged the two petitions into one petition for involuntary treatment services with a hearing within 10 court working days.

In an emergency where someone is in immediate danger, call 911 first. For more on the Baker Act itself, read what is the Baker Act.

Each county handles filing a little differently. Find your county's clerk, filing location and nearby detox programs on our Marchman Act by county page.

This guide is general information about Florida law, not legal advice. Laws and local procedures change; check with your county clerk or an attorney before filing.

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