The Marchman Act, in plain English
When someone you love is in danger from drugs or alcohol and won’t accept help, Florida law gives families a way to ask a court to step in. Here’s how it works, and when it’s the right call.
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The Hal S. Marchman Alcohol and Other Drug Services Act, usually called the Marchman Act, is the part of Florida law that allows involuntary assessment and treatment for substance use. It’s meant for people who can’t recognize they need help and are at serious risk without it.
A Marchman Act petition takes time. For an overdose, a threat of violence or suicide, call 911 first. Law enforcement can also take a person into protective custody in an emergency.
When the Marchman Act applies
In general terms, the court looks for good-faith reason to believe the person:
- Is impaired by substance use and has lost the power of self-control over it, and
- Is likely to harm themselves or others, or to suffer serious neglect, without help, or their judgment is so impaired by substance use that they can’t recognize the need for care
Worry alone isn’t enough. Specific, recent facts are: overdoses, ER visits, unsafe driving, threats, not eating or caring for themselves.
Who can file a petition
For an adult, a petition can be filed by a spouse or legal guardian, any relative, a licensed service provider, or an adult with direct personal knowledge of the person’s substance use impairment and their history of assessment and treatment. For a minor, a parent, legal guardian or service provider can file.
Some older websites still describe a “three adults” rule. That changed with Florida’s 2024 rewrite of the law.
How the process works
- Gather facts and line up treatmentWrite down specific incidents with dates. Identify a licensed treatment provider that can accept the person.
- File the petitionFile with the clerk of court in the county where the person lives or is located. In Miami-Dade, that’s the Miami-Dade County Clerk of the Court.
- Court review and hearingThe court reviews the petition and schedules a hearing. The person has the right to an attorney and to be heard.
- Order for treatmentIf the criteria are met, the court can order involuntary treatment for up to 90 days.
- Renewal if neededBefore the order ends, a renewal can be requested, for up to another 90 days.
Florida’s HB 7021 replaced the old separate petitions for assessment and for treatment with a consolidated process. Forms and local procedures may differ from older guides, so check with the clerk or an attorney before filing.
Marchman Act vs. Baker Act
| Marchman Act | Baker Act | |
|---|---|---|
| Covers | Substance use impairment | Mental illness |
| Purpose | Involuntary treatment for substance use | Involuntary examination and treatment for mental health |
| Started by | Usually a family petition to the court; law enforcement in emergencies | Law enforcement, certain professionals or a court order |
Before you file
- Try a conversation first, if it’s safe. Many people accept help once options are in place. Our family guide can help.
- Talk to an attorney who handles Marchman Act cases, especially if the situation is complicated.
- Plan for after the order. Court-ordered treatment works best with family support and a plan for what comes next.
We can help you understand your options and find a treatment provider before you file. Call (305) 701‑0439.
This guide is general information, not legal advice. For advice about your situation, consult a Florida attorney.
Sources
- Florida Statutes, §397.68112, involuntary treatment services; persons who may file a petition
- Florida Legislature, CS/CS/HB 7021 (2024), Mental Health and Substance Abuse
Questions people ask us.
Don’t see yours? Call or text (305) 701‑0439. There are no wrong questions, and nothing you tell us leaves the call.
How much does it cost to file a Marchman Act petition?
Ask the clerk of court in your county about any fees. Families often also pay for an attorney, though many file on their own using the court’s forms. Treatment costs depend on the provider and insurance.
Can I file for my adult child?
Yes. A relative, including a parent, can file a petition for an adult if the legal criteria are met.
Will my loved one have a lawyer?
Yes. The person named in the petition has the right to legal counsel and to be heard at a hearing.
What happens if they leave treatment early?
Court-ordered treatment comes with court oversight. Leaving can have legal consequences, and the court can take further action. The details depend on the order and local procedures.
Is the Marchman Act the same as the Baker Act?
No. The Baker Act deals with mental illness and involuntary examination for mental health. The Marchman Act deals with substance use impairment.
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