What Is the Marchman Act? | Florida Involuntary Rehab Explained

What Is the Marchman Act? Florida's Involuntary Addiction Treatment Lawfloridarehab.net

The Marchman Act is the Florida law that lets a family member, guardian, service provider or other qualified person ask a court to order assessment, stabilization and treatment for someone whose substance use is out of control and who won't or can't accept help voluntarily. It lives in Chapter 397 of the Florida Statutes.

Officially it is the Hal S. Marchman Alcohol and Other Drug Services Act. Most of the law covers voluntary treatment and how providers are licensed, but the part families search for is Part V: involuntary admissions. That section sets out how a person can be held for assessment, brought before a judge and ordered into treatment for up to 90 days at a time.

Who the Marchman Act is for

The law applies to adults and minors who are "substance abuse impaired." Florida defines that as having a substance use disorder, or using alcohol, illicit or prescription drugs or other mood-altering substances in a way that causes mental, emotional or physical problems or socially dysfunctional behavior.

Being impaired is not enough by itself. There must be a good-faith reason to believe the person has lost self-control over their use, and that either their judgment is so affected they can't recognize they need help, or without care they are likely to seriously harm themselves through neglect or harm someone else. Simply refusing treatment does not prove impaired judgment. Read the full Marchman Act requirements.

The ways a Marchman Act can start

Protective custody: a law enforcement officer takes someone who appears to meet the criteria to a hospital, detox or addictions receiving facility.
Emergency admission: a qualified professional certifies that the person meets the criteria, and a spouse, relative, guardian or other responsible adult applies for admission.
Court petition: a family member or other qualified person files a petition with the clerk of court asking a judge to order involuntary treatment services. This is the route most families use.

We explain the first two in protective custody and emergency admission, and the court route in how to file a Marchman Act.

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What changed in 2024

Florida rewrote parts of both the Marchman Act and the Baker Act in 2024 (CS/CS/HB 7021, effective July 1, 2024). The biggest change for families: the two separate Marchman petitions, one for assessment and stabilization and one for treatment, became a single petition for involuntary treatment services, with a hearing within 10 court working days. The criteria were also broadened to cover substance use disorder and prescription drug use, and discharge planning became required. Older forms you may find online for "involuntary assessment and stabilization" reflect the pre-2024 process, so get current forms from your county clerk.

Marchman Act vs. Baker Act

The Marchman Act covers substance abuse. The Baker Act covers mental illness. They can overlap, and a judge in a Marchman case who believes the person also has a mental illness can start Baker Act proceedings. See Marchman Act vs Baker Act for a side-by-side comparison.

Is it the right step?

A Marchman Act petition is a serious legal step. Many families try a structured conversation or an intervention first, and many people agree to treatment once a bed is lined up and the logistics are handled. If voluntary treatment fails, or someone is in danger, the Marchman Act gives families a path the court will enforce.

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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What Is the Marchman Act? Florida's Involuntary Addiction Treatment Law