The Marchman Act explained
How a Florida family can ask a court to order assessment and treatment for a loved one with a substance use problem.
Calls are answered by a partner at-home treatment provider, not by this guide.
- Law Fla. Stat. ch. 397, Part V
- Filed with Clerk of court where the person is
- Filing fee None
- First hearing Within 10 court working days
The short answer
The Marchman Act is the Florida law that lets a spouse, a relative, a guardian, a treatment provider or another adult with direct knowledge ask a court to order a person into substance use assessment and treatment. You file a petition with the clerk of court in the county where your loved one is located, there is no filing fee, and a judge or magistrate holds a hearing. If the court finds the legal standard is met, it can order up to 90 days of treatment.
Who the law covers
Under s. 397.675, a person meets the criteria when there is good faith reason to believe they are impaired by substance use, have lost the power of self-control over it, and either cannot recognize their need for care because their judgment is so impaired, or are likely to suffer serious harm through neglect or to harm themselves or others without help. Refusing treatment, on its own, is not proof of impaired judgment.
Who may file is set out in s. 397.68112. For an adult, that is a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance use and past assessment or treatment. For a minor, it is a parent, legal guardian or service provider.
The Marchman Act is a civil court process, not a criminal charge. Florida’s separate Baker Act covers mental illness. If the court believes a person meets that law’s criteria instead, it may start those proceedings.
How it works, step by step
- Gather the facts. Write down dates, events and anything you saw yourself. If a qualified professional has assessed your loved one in the last 30 days, the report can go with the petition (s. 397.68141).
- Get the forms. Your county clerk of court has the petition forms. DCF’s Marchman Act page lists the related state forms.
- File with the clerk. The petition goes to the clerk of court in the county where your loved one is located, and the clerk may not charge a filing fee (s. 397.681).
- Ask for emergency help if needed. If there is an emergency, the petition can ask for an ex parte order (one issued before the other side is heard) for assessment and stabilization. Law enforcement can then take your loved one to a licensed provider, who may generally hold them for up to 72 hours of observation, longer if withdrawal or medical care requires it (s. 397.6818).
- The court sets a hearing. The court decides on a lawyer for your loved one and sets a hearing within 10 court working days. A summons is served, usually by law enforcement (s. 397.68151).
- The hearing. The court reviews the clinical assessment and hears from people who know your loved one, such as family. You must prove the case by clear and convincing evidence (s. 397.6957).
- The order. The court may order treatment for up to 90 days with a licensed provider. A private provider can be named if your loved one, or someone on their behalf, is willing and able to pay. The order can be renewed if needed (s. 397.697).
Before you file
- Your loved one will have a lawyer. They have a right to counsel at every stage, and the court will appoint one if needed.
- Line up a provider first. If you hope for a private or luxury program, ask in advance whether it accepts court-ordered clients and has a bed. Check its DCF license, and get a written price. Our private pay guide can help.
- Think about detox. Many people need supervised withdrawal before anything else. Ask the provider about medical detox.
- Get advice. This page is general information, not legal advice. Florida attorneys who handle Marchman cases can explain how your county runs them.
If your loved one is in danger right now, do not wait for a court. Call 911. For a suicidal crisis, call or text 988. Our crisis resources page lists more help.
A court order is a last resort for many families. Our page on helping a loved one accept treatment covers approaches to try first, and alongside, a petition.
Questions about the Marchman Act
How long can a Marchman Act order last?
An involuntary treatment order can last up to 90 days. If the conditions still exist near the end, the order can be renewed before it expires (s. 397.6975). The law also allows early release (s. 397.6971).
What happens if my loved one does not follow the order?
The court keeps jurisdiction over the case. It can change the order, and it can start civil contempt proceedings for violating a valid court order.
Can we choose a private or luxury center?
Yes, if the center will accept the case. The court can order treatment with a privately funded licensed provider when your loved one, or someone acting for them, is willing and able to pay.
What is the difference between the Marchman Act and the Baker Act?
The Marchman Act covers substance use. The Baker Act, in chapter 394 of the Florida Statutes, covers mental illness. Some people meet the criteria for both, and the court can start Baker Act proceedings if it believes that law fits better.
For treatment centers
Licensed Florida centers can apply for the one featured spot on this guide.