The Marchman Act is Florida’s civil court process under Chapter 397 of the Florida Statutes. It allows eligible family members to petition a judge for substance use assessment and treatment. A judge may order up to 90 days of treatment when the legal criteria are met. Extensions may also be possible.
A relative can file the petition with the clerk of court in the county where the individual is located. There is no filing fee.
If someone has overdosed, is unconscious, or threatens immediate harm, call 911. The 988 Suicide and Crisis Lifeline also answers calls and texts around the clock. The Marchman Act does not replace emergency medical or mental health care.
What is the Marchman Act?
The Marchman Act, formally called the Hal S. Marchman Alcohol and Other Drug Services Act, governs voluntary and involuntary substance use treatment in Florida.
The involuntary process begins with a sworn petition. A judge reviews the petition and may order assessment and treatment when the person meets Florida’s legal criteria.
Since 2017, Marchman Act court records have been confidential. They are exempt from Florida’s public records law. The USF Marchman timeline documents the law’s history.
The process changed in 2024. House Bill 7021 took effect July 1, 2024. It repealed the previous two-petition system. Families now file one consolidated petition for involuntary treatment services.
The Florida Senate’s bill summary also addresses remote witness appearances. It explains the court’s continuing jurisdiction to enter additional orders.
The consolidated petition does not eliminate every separate court proceeding. The court may still hold separate proceedings for assessment and treatment. An assessment may be necessary before the court determines the appropriate level of care.
The Baker Act addresses mental health crises. It allows an involuntary examination lasting up to 72 hours. The Marchman Act addresses substance use impairment and can lead to court-ordered treatment.
Who Can File a Marchman Act Petition in Florida?
Under section 397.68112 of the Florida Statutes, several people may petition for an adult:
- The person’s spouse or legal guardian
- Any relative
- A licensed service provider
- An adult with direct personal knowledge of the person’s impairment and prior course of assessment and treatment
A parent qualifies under the relative provision. The petition must be filed in the county where the individual is located. The individual does not need to be a Florida resident.
The clerk of court cannot charge a filing fee.
The respondent has the right to legal representation throughout the proceedings. If the respondent cannot afford an attorney, the court must appoint one.
What Does a Judge Need to See?
Florida law establishes specific criteria for involuntary treatment. Under section 397.675, there must be a good-faith reason to believe the person has substance abuse impairment. A substance use disorder with a co-occurring mental health disorder may also qualify.
The impairment or disorder must cause a loss of self-control over substance use. The person must also meet at least one of these conditions:
1. Impaired judgment
The person’s judgment prevents them from recognizing their need for substance use services. They cannot make a rational decision about receiving care.
2. Risk of substantial harm
Without treatment, the person is likely to neglect or refuse necessary self-care. This must create a real and present threat of substantial harm.
Available support must be insufficient to reasonably prevent that harm. The circumstances must show a substantial likelihood of physical harm to the person or someone else. This includes harm already inflicted, threatened, or attempted.
Refusing treatment alone does not establish impaired judgment.
What Happens After You File?
| Step | What happens | Timeframe |
|---|---|---|
| Petition filed | File a sworn petition with the clerk in the county where the individual is located. | Day 1 |
| Court review | A judge reviews the petition and sets a hearing. Emergency petitions may receive a ruling without an initial hearing. | Hearing within 10 court working days |
| Assessment | A qualified professional evaluates the individual. Medical supervision may extend a hold during withdrawal and detox. | Within 72 hours of admission |
| Hearing | The judge reviews the assessment and hears sworn testimony. Remote appearances are permitted. | Within 10 court working days of filing |
| Treatment order | The judge orders treatment if the legal criteria are proven by clear and convincing evidence. | Up to 90 days; extensions possible |
A petition may include an assessment completed by a qualified professional within 30 days before filing. If no assessment occurred, or the individual refused one, the petition must state that information.
The petitioner is generally responsible for identifying a licensed provider with an available bed. Augustine Recovery describes its court-ordered admission process on its Marchman Act page.
What Happens After a Marchman Act Treatment Order?
A court order can require an individual to undergo an assessment. When the legal requirements are met, the court can also order involuntary treatment services.
The individual’s clinical needs and court order determine the type and level of care.
Treatment may involve residential care or other services recommended through the assessment. The length of treatment depends on the court’s order and any approved extensions.
Augustine Recovery offers resources for families navigating addiction. Its family program addresses family involvement during treatment. Its guide to helping without enabling discusses family boundaries.
Common Questions About the Marchman Act
Will filing give my son a criminal record?
No. A Marchman Act case is a civil proceeding. Under section 397.6760, petitions, orders, and related court records are confidential. They are exempt from public records requests. Clinical records also carry medical privacy protections.
What if he walks out of treatment or ignores the order?
The court may retain jurisdiction and consider enforcement proceedings. If the respondent violates a treatment order, the petitioner may need to notify the court and request further action.
How fast can a judge act?
The hearing must be set within 10 court working days of filing. For an alleged emergency, the judge may rule without an initial hearing. The judge can direct law enforcement to transport the individual to a licensed facility.
Do I need a lawyer to file?
No. The clerk of court provides petition forms. There is no filing fee. An attorney may help with contested cases or private treatment placement.
Marchman Act Resources in St. Augustine
Start by contacting the clerk of court in your son’s county. Ask for the involuntary treatment services petition forms.
Document dates, incidents, and specific behaviors related to his substance use. Include previous treatment attempts and assessments when available.
For questions about court-ordered treatment at a residential men’s program, contact Augustine Recovery. The facility works with families throughout Northeast Florida.
This article provides educational information. It does not replace legal advice or a clinical assessment. Confirm current requirements with the clerk of court or a Florida attorney.
