| Marchman Act | Baker Act | |
|---|---|---|
| Covers | Substance abuse impairment (drugs or alcohol), including with a co-occurring mental health disorder | Mental illness |
| Law | Chapter 397, Florida Statutes | Chapter 394, Part I, Florida Statutes |
| Who can petition the court | Spouse, 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 hold | Generally up to 72 hours for assessment and stabilization, longer if detox or medical care is needed | Involuntary examination up to 72 hours, starting when the person arrives at the facility |
| Where the person goes | Hospital, 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 treatment | Up to 90 days, renewable for up to 90 more | Up to 6 months of inpatient placement, outpatient services or both |
| Lawyer for the person | Right to counsel; appointed counsel comes from the office of criminal conflict and civil regional counsel | Public 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.
Talk with a treatment specialist about options, openings and insurance. Free and confidential, 24/7.
Call (866) 649-0814How 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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Find county filing details: Marchman Act by county.
Related reading
- What Is the Marchman Act? Florida's Involuntary Addiction Treatment Law
- How to File a Marchman Act in Florida: Step by Step
- Marchman Act Requirements: Who Qualifies in Florida
- What Happens After a Marchman Act Petition Is Filed
- How Long Does a Marchman Act Last?
- What Is the Baker Act? Florida's Mental Health Hold Explained
Sources
- Florida Statutes s. 397.675: Criteria for involuntary admissions
- Florida Statutes s. 397.68112: Persons who may petition
- Florida Statutes s. 397.6818: Court determination
- Florida Statutes s. 397.6772: Protective custody without consent
- Florida Statutes s. 397.697: Court determination; effect of court order
- Florida Statutes s. 397.681: Involuntary petitions; general provisions; court jurisdiction and right to counsel
- Florida Statutes s. 397.68151: Duties of court upon filing
- Florida Statutes s. 394.463: Involuntary examination (Baker Act)
- Florida Statutes s. 394.467: Involuntary services (Baker Act)
- Florida House of Representatives: Final bill analysis, CS/CS/HB 7021 (2024)