The Marchman Act: Getting Someone Into Treatment in Florida

The Marchman Act is the Florida law that lets a court order a person into assessment, stabilization and treatment for substance use when they will not go on their own [1][14][7]. A spouse, guardian, relative, service provider or another adult with direct personal knowledge of the person’s use and treatment history can file the petition, and a judge decides whether the legal test is met [2].

This page is for a family member in Florida who is weighing that step. It covers who can file, the criteria a court applies, each stage and the time limits the statute sets, where the person goes, what it costs, and why a voluntary admission is often the quicker route. It explains the law. It is not legal advice, and your county’s clerk of court or an attorney is the right person to ask about your case. For the national picture, see our guide to involuntary commitment for addiction.

If someone is having a seizure, is unresponsive or has trouble breathing, call 911. For a mental-health crisis call or text 988.

What the Marchman Act is, and how it differs from the Baker Act

The law’s formal name is the Hal S. Marchman Alcohol and Other Drug Services Act, and it makes up Chapter 397 of the Florida Statutes [1]. The involuntary rules sit in Part V of that chapter. They start from one set of criteria for involuntary admission, and every route in Part V uses them [3].

Some of those routes do not involve a court. A law enforcement officer may use protective custody when a person who appears to meet the criteria is brought to police attention or is in a public place [4]. A person who meets the criteria may also be admitted for emergency assessment and stabilization on a certificate from a physician or another listed professional [5].

This page follows the court route. You file a petition with the clerk, the court holds a hearing, and a judge decides [6]. If the judge finds the conditions proved, the court can order the person to receive involuntary treatment services from a licensed service provider [7]. For treatment options around the state, see our page on drug and alcohol rehab in Florida.

The Baker Act is a different law. It is the Florida Mental Health Act, in Chapter 394 [8]. Its involuntary examination applies when there is reason to believe a person has a mental illness and meets that law’s own criteria [9]. The Marchman Act is about substance use. The two can meet in one courtroom: if a Marchman judge has reason to believe the person meets the Baker Act’s commitment provisions because of a mental illness, the court may start proceedings under that law [10].

Who can file a Marchman Act petition

For an adult, the statute lets these people file a petition for involuntary treatment services [2]:

• the person’s spouse or legal guardian
• any relative
• a service provider
• an adult who has direct personal knowledge of the person’s impairment and of their past assessment and treatment

For a minor, a parent, legal guardian or service provider can file [2].

The petition goes to the clerk of the court in the county where the person is located. The person it names is called the respondent [6]. The statute lists what the petition must contain: the respondent’s name, your name, how you are related, the respondent’s attorney if you know one, and the facts that show why services are needed [11].

Those facts have to explain three things. Why you believe the person is impaired. Why you believe they have lost self-control over their use. And either why they are likely to cause physical harm to themselves or others, or why their refusal of care rests on judgment too impaired to see the need [11]. You may attach a report from a qualified professional who examined the person within 30 days before you file. If the person was not assessed before you file, or refused an evaluation, the statute says the petition must note that [11].

For forms, filing hours and what your county’s court expects to see, ask the clerk of court in that county or an attorney before you file. This page cannot tell you how a particular court handles its docket.

The criteria a court looks for

The test is in section 397.675 [3]. There must be a good faith reason to believe the person is impaired by substance use, or has a substance use disorder together with a co-occurring mental health disorder. Then, because of that impairment or disorder, both of the following must be true [3].

1. The person has lost the power of self-control over their substance use.
2. And at least one of these applies: – They need treatment, and their judgment is so impaired that they cannot see that need or make a rational decision about it. Simply refusing treatment is not, by itself, evidence of impaired judgment. – Without care, they are likely to suffer from neglect or refuse to care for themselves. That neglect poses a real and present threat of substantial harm to their well-being, and it is not apparent that willing, able and responsible family, friends or other services could prevent the harm. – There is a substantial likelihood that they have inflicted, threatened or tried to inflict, or unless admitted are likely to inflict, physical harm on themselves or someone else.

The statute defines impairment to cover alcohol as well as illegal drugs, prescription drugs and other mood-altering substances [12].

At the treatment hearing the bar is higher. The petitioner must prove by clear and convincing evidence that the person is impaired and has a history of not following through with treatment [10]. The petitioner must also show that the person is unlikely to take part voluntarily, or cannot decide for themselves whether they need services [10]. On top of that comes one of two things: neglect plus a substantial likelihood of serious bodily harm in the near future, shown by recent behavior, or a refusal of care that rests on impaired judgment [10].

Notice the phrase “good faith” in the first test [3]. The petition should describe what you have actually seen, with dates. If you have been stepping in to soften the fallout of someone’s use, our page on helping versus enabling may help you sort out what to change while this runs. Whether your facts meet the test is a question for an attorney.

What happens after you file: the steps and how long each can last

Every number below comes from the section cited beside it. Courts can grant continuances, so treat these as the limits the statute sets, not a calendar.

Filing and the hearing date

The clerk may not charge a fee to file the petition [6]. Once it is filed, the court must immediately decide whether the respondent has a lawyer or should be appointed one [13]. The court must schedule a hearing within 10 court working days unless a continuance is granted [13]. The clerk sends the summons to a law enforcement agency to serve, unless the circuit’s chief judge has authorized private process servers [13].

If it is an emergency

If you tell the court there is an emergency, or the court finds one, it can rely on the petition alone and enter an ex parte order for involuntary assessment and stabilization while the hearing is pending [14]. The court can have a law enforcement officer take the person into custody and deliver them to the nearest appropriate licensed service provider, or to one the court designates [14].

The provider may not hold the person for more than 72 hours of observation, with three exceptions [14]. The court grants more time after a hearing. The person shows signs of withdrawal or needs medical treatment, which extends the hold until that is resolved but no later than the hearing date, unless the court approves an extension. Or the period ends on a weekend or holiday, in which case the provider may hold the person until the next court working day [14].

Assessment

A person cannot be ordered into treatment under this chapter without a clinical assessment, unless they are in court and expressly waive it [10]. If the person was never assessed, the court can issue an assessment and stabilization order that is valid for 90 days [10]. The assessment must happen within 72 hours after the person arrives at a licensed service provider, unless withdrawal or a medical condition has to be treated first [10]. If the person is still unassessed after 90 days, the court must dismiss the case [10].

The hearing

The respondent must be present unless the court finds they waived that right, or that being there is not in their best interests or is likely to harm them or others [10]. The court hears the evidence. That can include testimony from family members who know the person’s history, and the professional’s assessment [10]. The respondent has the right to counsel at every stage, and one who wants a lawyer but cannot afford one has the right to court-appointed counsel [6]. The respondent may also refuse to testify [10].

The order, and how long it lasts

At the end of the hearing the court either dismisses the petition or orders treatment from the person’s chosen licensed service provider, if that is possible and appropriate [10]. An order for involuntary treatment services lasts no more than 90 days [7]. It lets the provider require treatment at any licensable service component, and the statute sets separate conditions for involuntary outpatient treatment [7]. In practice that can range from inpatient rehab to outpatient care. The court can also order treatment through a privately funded provider if the person can pay, or if someone is willing and able to pay for them [7]. If you expect a private plan to pay, such as a Florida Blue policy, read our page on Florida Blue coverage for rehab and have the plan checked early.

At the end of the 90 days the person is automatically discharged unless a renewal has been filed [15]. A renewal must be filed before the order runs out. The hearing is held no more than 15 days after filing, and a renewal can add up to another 90 days [16].

What an order can and cannot do

An order gets the person to a provider. It does not make treatment work, and the statute builds in exits. A provider must discharge the person early when a qualified professional finds, for example, that they no longer meet the criteria and consent to move to voluntary treatment, or that further treatment will not bring significant improvement [17]. A provider can also turn down an involuntary admission if the person does not meet admission criteria, needs more care than it can safely manage, or if space, services or payment are lacking [18]. The court keeps jurisdiction and can monitor compliance, change the type of treatment or start contempt proceedings [7].

Where the person goes: licensed providers in Florida

The statute sends people to licensed service providers. That term covers public agencies, private for-profit and not-for-profit agencies, licensed private practitioners, and hospitals that offer services through licensed components [12]. One component the statute defines is the addictions receiving facility, a secure, acute care facility open 24 hours a day that provides at least detoxification and stabilization [12]. The provider must place the person in the most appropriate and least restrictive setting available for their needs, and must check whether the cost is within the means of those responsible for it [18].

Our Florida campuses include these, and each one’s own page lists its levels of care:

• The Recovery Village Palm Beach at Baptist Health, in Lake Worth, publishes medical detox, residential inpatient rehab, a partial hospitalization program, an intensive outpatient program and aftercare planning.
• Orlando Recovery Center, in Orlando, publishes medical detox, residential inpatient rehab, inpatient mental health care, a partial hospitalization program and aftercare planning.
• The Recovery Village Umatilla, in Umatilla, publishes medical detox, residential inpatient rehab, a partial hospitalization program, outpatient care, aftercare planning and inpatient mental health care.

Whether a campus can take a particular person under a particular order is a question for admissions. Admissions will tell you on the call what a campus can accept in your situation. If a petition is already filed, have the paperwork in front of you when you call.

What it costs, and how insurance fits in

The court part costs little. The clerk may not charge a fee to file the petition [6]. If you are determined to be indigent, the court may prohibit, or a law enforcement agency may waive, the fees for serving the papers [2]. Ask the clerk about any other costs in your county.

Treatment is a separate bill. The statute points to a publicly funded licensed provider, or to a privately funded one when the person or someone on their behalf can pay [7]. For a sense of scale, our own cost page puts detox at $250 to $800 a day and 30 days of basic residential care at $2,000 to $20,000. Those are our published ranges, not official figures. See what rehab costs for the full list.

Florida’s Agency for Health Care Administration says Medicaid reimburses community behavioral health services, including substance use services, and that this is one of the minimum covered services for all Managed Medical Assistance plans [19]. Our page on Florida Medicaid and addiction treatment covers the rest. For a private plan, what is paid depends on the plan itself, so verify the benefits before assuming anything.

Try a voluntary admission first when you can

A court order is a last resort. A voluntary admission is usually quicker: if the person will agree to go, it skips the petition, the service of papers and the wait for a hearing date. Under the statute, anyone who wants treatment can apply to a service provider for voluntary admission, and the provider must emphasize the least restrictive setting that fits their needs [20]. The law also leaves a door open partway through. A person admitted involuntarily can be referred for voluntary treatment, with written informed consent, once the provider finds they no longer meet the criteria [21].

That makes the conversation before the court worth one more try. Some families plan who says what, and when, with outside support. Our page on planning an intervention in Florida covers how that planning works. Keep it calm and specific: what you have seen, that you are worried, and that a place is ready.

You can also make the first call yourself, before the person has agreed to anything. Ask what a campus can accept, what the person’s coverage may pay and what the first day involves. Our page on how admission works walks through the steps. If the person says yes, that is the moment to call.

Safety while you wait: overdose risk and emergencies

If someone is having a seizure, is unresponsive or has trouble breathing, call 911. For a mental-health crisis call or text 988.

The first hearing is due within 10 court working days of filing, unless a continuance is granted [13]. An emergency hold is limited to 72 hours of observation, subject to the exceptions above [14]. Both stretches can be risky.

The riskiest moment can come after a break from use. MedlinePlus notes that most opioid overdose deaths occur in people who have just detoxed. Withdrawal reduces tolerance, so a person who has just gone through it can overdose on a much smaller dose than they used to take [22]. That can apply when a stabilization hold ends, if the person went through withdrawal during it. Withdrawal can also need medical care of its own, which is what medical detox is for.

Naloxone rapidly reverses the effects of an opioid overdose. In 2023 the FDA approved a naloxone nasal spray as the first naloxone product for use without a prescription, which opened the way for it to be sold in places like drug stores and grocery stores [23].

While you wait, keep notes. Write down dates, what you saw and any threats of harm. The petition asks for those facts [11].

Frequently Asked Questions

Sources

1. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.301: Short title. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.301
2. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.68112: Involuntary services; persons who may petition. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.68112
3. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.675: Criteria for involuntary admissions. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.675
4. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.677: Protective custody; circumstances justifying. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.677
5. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.679: Emergency admission; circumstances justifying. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.679
6. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.681: Involuntary petitions; general provisions; court jurisdiction and right to counsel. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.681
7. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.697: Court determination; effect of court order for involuntary services. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.697
8. The Florida Senate. (2026). The 2026 Florida Statutes, Section 394.451: Short title (The Baker Act). The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/394.451
9. The Florida Senate. (2026). The 2026 Florida Statutes, Section 394.463: Involuntary examination. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/394.463
10. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.6957: Hearing on petition for involuntary treatment services. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.6957
11. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.68141: Contents of petition for involuntary treatment services. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.68141
12. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.311: Definitions. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.311
13. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.68151: Duties of court upon filing of petition for involuntary services. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.68151
14. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.6818: Court determination. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.6818
15. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.6977: Disposition of individual upon completion of involuntary services. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.6977
16. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.6975: Extension of involuntary treatment services period. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.6975
17. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.6971: Early release from involuntary services. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.6971
18. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.6751: Service provider responsibilities regarding involuntary admissions. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.6751
19. Florida Agency for Health Care Administration. (2026). Community Behavioral Health Services. Florida Agency for Health Care Administration. https://ahca.myflorida.com/medicaid/medicaid-policy-quality-and-operations/medicaid-policy-and-quality/medicaid-policy/medical-and-behavioral-health-coverage-policy/behavioral-health-and-health-facilities/community-behavioral-health-services.html
20. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.601: Voluntary admissions. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.601
21. The Florida Senate. (2026). The 2026 Florida Statutes, Section 397.6752: Referral of involuntarily admitted individual for voluntary treatment. The Florida Senate. https://www.flsenate.gov/Laws/Statutes/2026/397.6752
22. MedlinePlus, National Library of Medicine. (2026). Opiate and opioid withdrawal. MedlinePlus Medical Encyclopedia. https://medlineplus.gov/ency/article/000949.htm
23. U.S. Food and Drug Administration. (2023). FDA Approves First Over-the-Counter Naloxone Nasal Spray. U.S. Food and Drug Administration. https://www.fda.gov/news-events/press-announcements/fda-approves-first-over-counter-naloxone-nasal-spray

This page is for general information and is not medical advice. Only a licensed clinician who knows your history can tell you what is right for you. If you or someone you know is in immediate danger, call 911. For free, confidential support 24/7, call or text 988.

Author

Kevin Wandler, MD

Chief Medical Officer, The Recovery Village