What the Marchman Act is
The Hal S. Marchman Alcohol and Other Drug Services Act is part of Florida Statutes Chapter 397, Part V. It is a civil court process, not a criminal charge. It gives families a legal path when someone they love is severely impaired by substance use and will not, or cannot, accept help on their own.
Florida updated these sections in 2024. The law now uses one petition for court-ordered treatment, and the court can order an assessment and stabilization first when the person has not been assessed. This page follows the 2025 Florida Statutes published by the Florida Senate.
The Florida Department of Children and Families (DCF) oversees the forms and the system of care. Its Florida DCF Marchman Act page describes the law as covering voluntary admissions plus involuntary assessment, stabilization and treatment for adults and youth.
Not sure court is the right step yet? Start with can you force someone into rehab in Florida?
This page is general information, not legal advice. Laws and court procedures change, so check the current statute or talk with a Florida attorney about your situation.
Who can meet the legal criteria
Section 397.675 says a person meets the criteria for involuntary admission when there is a good faith reason to believe they are impaired by substance use (or have a substance use disorder and a co-occurring mental health disorder), and because of that:
- They have lost the power of self-control over their substance use, and
- Their judgment is so impaired that they can’t see their need for help or make a rational decision about it. Simply refusing help is not enough on its own to show this, or
- Without care, they are likely to suffer from neglect or refuse to care for themselves, in a way that poses a real and present threat of substantial harm that family or friends can’t prevent, or
- There is a substantial likelihood they have harmed, threatened or tried to harm themselves or someone else, or will if not admitted.
These are high bars on purpose. Heavy drinking or drug use alone usually isn’t enough. The court looks for loss of control plus danger or badly impaired judgment.
Who can file a petition
If your loved one is an adult
- A spouse or legal guardian
- Any relative
- A licensed service provider
- An adult who has direct personal knowledge of the person’s substance use and past assessment and treatment
If your loved one is under 18
- A parent
- A legal guardian
- A licensed service provider
- The court appoints a guardian ad litem for a minor who doesn’t already have a representative
Source: section 397.68112 and 397.681, Florida Statutes (2025). Your county Clerk’s office can tell you how to file locally.
What happens after you file
Petition and hearing
You file the petition with the Clerk of Court in the county where your loved one is located. The Clerk can’t charge a filing fee. The court sets a hearing within 10 court working days, and law enforcement serves the summons.
Assessment
No one can be ordered into treatment without a clinical assessment unless they waive it in court. If there hasn’t been one, the court can order an assessment and stabilization. That assessment generally happens within 72 hours of arrival at a licensed provider.
Court decision
The petitioner must prove the case by clear and convincing evidence. If the judge agrees, the court can order up to 90 days of treatment services, and the order can be renewed if the need continues.
Filing in Jacksonville?
Duval County has its own filing steps, forms and options.
Things families often don’t expect
- Your loved one gets a lawyer. The person named in the petition has the right to counsel at every stage. If they can’t afford one, the court appoints one.
- You will likely testify. The court hears from family members who know the person’s history. Testimony is under oath and recorded.
- The assessment carries weight. If the qualified professional recommends no treatment, or leaves out a recommendation, the petition is dismissed.
- Payment still matters. The court may order care at a publicly funded licensed provider, or a private provider if the person, or someone on their behalf, can pay.
- The court stays involved. It can check on compliance, change the type of treatment or start contempt proceedings if the order is ignored.
A Marchman Act can open a door, but it works better with a plan for what comes after. Our guide to levels of care can help you think about where treatment might lead. If a mental health crisis is the bigger concern, read about the Baker Act instead, and if you’re still deciding, start with how to talk to a loved one. More guides are on our help for families page.
Marchman Act questions
How long can someone be held under the Marchman Act?
It depends on the stage. An assessment generally must happen within 72 hours of arrival at a licensed provider, longer if the person needs detox or medical care. A court treatment order can last up to 90 days and can be renewed if the need continues.
Does it cost money to file a Marchman Act?
Florida law says the Clerk of Court may not charge a fee to file the petition, and service fees can be waived if the petitioner is indigent. Treatment itself is a separate cost. The court can order a publicly funded provider or a private one if someone can pay.
Can I file a Marchman Act on my spouse or adult child?
Yes. Under section 397.68112, a spouse, legal guardian or any relative of an adult can file. The person must still meet the legal criteria, and you must prove the case in court.
What if my loved one doesn’t show up to the hearing?
The court has several options, including rescheduling or ordering that the person be brought in. Ask the Clerk’s office in your county what happens locally.
Is the Marchman Act the same as the Baker Act?
No. The Marchman Act (Chapter 397) is for substance use. The Baker Act (Chapter 394) is for mental illness. Our Baker Act page compares the two.
Do I need a lawyer to file?
Families can file without one, and many do. Because the process has legal standards and deadlines, some families talk with a Florida attorney first. This page is general information, not legal advice. Laws and court procedures change, so check the current statute or talk with a Florida attorney about your situation.