How to Use the Marchman Act in Florida

To use the Marchman Act in Florida, a spouse, relative, or group of three adults must petition the court to mandate assessment and treatment for someone with a severe substance use disorder. The law applies when the individual is unable to recognize the harm of their addiction, poses a risk to themselves or others, and refuses voluntary help. 

Marchman Act is a civil, not criminal, process designed to intervene before harm escalates. Florida has one of the highest overdose rates in the U.S., yet only 18.4% of those with substance use disorders receive treatment, according to a 2023 report by the SAMHSA.

The Marchman Act ensures safety by allowing the court to order up to five days of stabilization and, if necessary, up to 60 days of treatment, with possible extensions. It is used when all voluntary efforts have failed and immediate intervention is necessary. This legal option provides access to detox, residential, or outpatient care through licensed treatment centers.

Key Takeaways:

• The Marchman Act allows court-ordered substance use disorder assessment and treatment when someone poses a risk to themselves or others and refuses voluntary help

• Petitions can be filed by a spouse, parent, guardian, close relative, or any group of three adults with direct knowledge of the person’s substance misuse

• The process involves up to 5 days of stabilization/assessment, followed by up to 60 days of court-ordered treatment (with possible extensions)

• No filing fees are required, though sheriff service costs may apply

• Most insurance plans, including Florida Medicaid, Medicare, and private insurance, cover Marchman Act treatment

• Individuals retain important rights including legal representation, court hearings, and appropriate medical care

• This is a civil (not criminal) process designed for intervention when voluntary treatment efforts have failed

• Different from the Baker Act, which addresses mental illness rather than substance use disorders

• Success requires gathering strong evidence and following proper legal procedures through the county court system

• Continued support and aftercare planning are essential to prevent relapse after court-ordered treatment ends

What Is the Marchman Act in Florida?

The Marchman Act is a Florida law that allows individuals to be involuntarily assessed and treated for substance use disorders (SUD) if they pose a risk to themselves or others. Officially named the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, this statute provides a civil, court-ordered process for families and law enforcement to intervene when someone cannot or will not seek treatment voluntarily.

Who Can Use the Marchman Act in Florida and When?

A spouse, parent, guardian, or even three unrelated adults can use the Marchman Act in Florida when someone’s substance use disorder becomes dangerous and the individual refuses to seek help voluntarily. This civil law allows families and concerned parties to petition the court for involuntary assessment and treatment, a last resort when all other efforts have failed.

This legal option is most used when a loved one’s addiction has escalated to crisis levels, such as repeated overdoses, erratic or violent behavior, or neglecting basic needs, and when supportive conversations and voluntary treatment have been refused. The Marchman Act offers a path to intervention when safety is at stake and time is critical

To qualify for a Marchman Act petition, the individual must:

• They are unable to recognize that their substance use is harmful.
• Be at serious risk of harm to themselves or others.
• Be incapable or unwilling to voluntarily enter treatment.

Petitions can be filed by:

• A spouse, parent, legal guardian, or close relative.
• Any group of three adults with direct knowledge of the individual’s substance misuse.
• Law enforcement officers or licensed medical professionals in emergency situations.

How Does the Marchman Act Work in Florida?

The Marchman Act works in Florida by allowing families, friends, or professionals to petition the court for involuntary assessment and treatment when someone’s substance use disorder becomes dangerous and they refuse to get help. It is a civil, not criminal, law that facilitates emergency intervention while protecting the person’s legal rights.

Marchman Act works in Florida in the following ways:

• Petition Filing: A petition is filed at the county clerk’s office. It must include a sworn affidavit detailing the individual’s substance use, risks, and inability to make rational decisions.
• Court Review: A judge reviews the petition and either schedules a hearing within 10 days or issues an emergency ex parte order for immediate evaluation.
• Assessment & Stabilization: The individual is taken to a licensed facility for up to 5 days of medical and psychological evaluation.
• Court-Ordered Treatment: Based on assessment results, the court may order up to 60 days of treatment (extendable by 90-day increments).
• Treatment Programs: Ordered care includes detox, residential, or outpatient treatment based on clinical needs.

What Rights Does the Individual Have According to the Marchman Act?

Individuals have the right to due process, legal representation, and appropriate medical care according to the Marchman Act. Although the law allows for involuntary treatment, it also includes protections to ensure the person is treated fairly and ethically. Treatment must occur in the least restrictive environment possible. Individuals cannot be held in a locked facility unless a judge orders it and the person is medically cleared.

Key rights under the Marchman Act include:

• The right to be informed of the nature of the court proceedings and the reason for the petition.
• The right to legal representation, including a court-appointed attorney if they cannot afford one.
• The right to a court hearing where they present evidence and call witnesses.
• The right to appeal the court’s decision regarding involuntary assessment or treatment.
• The right to medical evaluation and care, including stabilization and treatment appropriate to their condition.
• The right to privacy and confidentiality, with treatment and court records protected by law.

When Should You Consider Filing a Marchman Act Petition?

You should consider the Marchman Act when:

• A loved one refuses help despite multiple interventions.
• There’s a pattern of relapse, overdose, or crisis situations.
• Their behavior has become dangerous, unpredictable, or life-threatening.
• All other options have failed.

This law is especially relevant in Florida, where overdose deaths outpace deaths from car accidents and firearms, and where only 1 in 5 people needing treatment actually receive it.

How to File a Marchman Act Petition in Florida?

To file a Marchman Act petition in Florida, follow the steps below:

1. Contact the clerk of court in the county where the person lives.
2. Ensure a bed is available at a licensed treatment facility.
3. Complete the necessary paperwork, including descriptions of the person, medical conditions, and facility info.
4. Attend the hearing or await an emergency order.

Is There Any Filing Fee for a Marchman Act Petition?

No, there is no filing fee for a Marchman Act petition, but sheriff service fees may apply. Some families hire attorneys for guidance.

Does Insurance Cover Treatment Ordered Under the Marchman Act?

Yes, insurance in Florida covers treatment ordered under the Marchman Act, depending on the plan and medical necessity. Florida Medicaid plans like Simply Healthcare and Sunshine Health authorize multiple treatment episodes if they are deemed medically necessary. Medicare provides limited inpatient psychiatric coverage up to 190 days in a lifetime, but continues to cover outpatient services under Part B. 

Private insurance plans, such as Florida Blue or UnitedHealthcare, cover both inpatient and outpatient care, although pre-certification and use of in-network providers are required. For individuals without insurance or those with high out-of-pocket costs, many licensed facilities offer sliding scale fees or structured payment plans to make treatment more accessible. It is recommended to verify your insurance coverage and benefits.

What Happens If Someone Leaves Treatment Early?

If someone leaves the treatment early, he or she is held in contempt of court. However, most facilities under the Marchman Act are not locked. If a court order is violated, the individual will face legal consequences, including possible jail time. Enforcement varies by county.

Is the Marchman Act the Same as the Baker Act?

No, the Marchman Act is not the same as the Baker Act. The Baker Act addresses involuntary commitment for mental illness. The Marchman Act is specific to substance use disorders. Both laws offer emergency intervention but target different types of behavioral health crises.

What Are the Challenges and Considerations for the Marchman Act?

The following challenges and considerations for the Marchman Act are:

• Emotional toll: Families may feel guilt or fear backlash.
• Court burden: You must gather strong evidence and follow due process.
• Relapse risk: Continued support after treatment is vital.

What Support and Recovery Is Available in Florida?

In Florida, considerable support and recovery are available, including state-licensed detox centers, residential rehab programs, outpatient services, and peer support groups. Families using the Marchman Act should seek help from professionals experienced in the law and familiar with court protocols in their local area. Recovery doesn’t have to wait for rock bottom. The Marchman Act allows families to intervene early, at the turning point for lifelong change.