The Marchman Act: How Florida Families Petition for Involuntary Treatment

The Marchman Act is the Florida law that allows a court to order someone into addiction assessment and treatment when they have lost control of their substance use and won’t seek help on their own. It’s part of Chapter 397 of the Florida Statutes, the same chapter that governs how the state licenses treatment providers.

For families watching someone deteriorate, it can feel like the only lever left. It’s a real option. It’s also a court process with legal protections for the person involved, and it works best when families understand its limits before they file.

This guide is general information, not legal advice. Florida amended the Marchman Act in 2024, and procedures vary somewhat by county. Confirm current requirements with your county clerk of court or an attorney.

Who qualifies under the Marchman Act?

The court has to find, in broad terms, that the person:

1. Has a substance use disorder or is impaired by substance use, and
2. Has lost the power of self-control over it, and
3. Either poses a real risk of harm to themselves or others, or their judgment is so impaired that they can’t recognize their need for care.

Wanting someone to get help isn’t enough. Neither is drinking too much or using drugs recreationally. The standard is aimed at people whose substance use has put them in danger, and whose impairment is keeping them from choosing treatment themselves. Evidence from family members, such as specific incidents, dates, overdoses, arrests, and threats, carries real weight.

Who can file a petition?

Florida law has historically allowed petitions from a spouse, a relative, or a legal guardian; from certain service provider directors and licensed professionals; and from any three adults who have personal knowledge of the person’s substance use. The 2024 amendments changed parts of the process, so use the current forms from your county clerk.

How does the court process work?

The Marchman Act has several paths, and families don’t always need the most intensive one.

Voluntary admission. The person agrees to assessment and treatment. No court involved.

Emergency situations. Law enforcement can take a person who meets the criteria and is in a public place or poses an immediate danger into protective custody, and certain professionals can initiate emergency admission for assessment.

Court-ordered assessment and treatment. This is the path most families mean when they say “Marchman.” Broadly, it looks like this:

1. File a petition with the clerk of the circuit court, usually in the county where the person lives. Clerks’ offices often have self-help staff and forms.
2. The court reviews it and may schedule a hearing, or may order assessment first.
3. The person is served and has the right to attend the hearing and to be represented by counsel.
4. At the hearing, the petitioner presents evidence. If the court finds the criteria are met, it can order assessment and stabilization and then involuntary treatment for a defined period, which can be extended if the court finds it’s still necessary.
5. Treatment happens at a licensed provider. The level of care can range from inpatient to outpatient depending on what the assessment recommends.

What should families prepare before filing?

• A written timeline of specific incidents: dates, what happened, who saw it
• Documentation such as hospital records, police reports, or messages, where you have them
• A treatment placement. Courts order treatment, but they don’t create beds. Families often identify a licensed provider with an opening, and a plan for payment or insurance, before the hearing
• Contact information for anyone who can testify
• A plan for safety if the person reacts angrily to being served

What can’t the Marchman Act do?

Being honest about its limits saves families heartbreak.

• It can’t guarantee engagement. Someone can be ordered into treatment and still not participate meaningfully. Many people do engage once they’re sober and stable, but not everyone.
• Enforcement is limited. If the person leaves treatment or doesn’t comply, what happens next depends on the court and county. Tools are more limited than many families expect.
• Order periods are finite. Treatment orders end, and the person may return to the same environment.
• Opioids need special attention. If the person uses opioids, ask the treatment provider about starting buprenorphine or methadone during treatment. Discharge from forced abstinence without medication carries a high overdose risk. The opioid and fentanyl guide explains why.

Marchman Act vs Baker Act

	Marchman Act	Baker Act
Covers	Substance use	Mental illness
Florida Statutes	Chapter 397	Chapter 394
Common use	Family petitions for court-ordered addiction treatment	Emergency psychiatric examination when someone is a danger due to mental illness

When someone is suicidal or psychotic, the Baker Act, or a call to 911 or 988, is usually the faster route to immediate safety. Many people have both a substance use disorder and a mental health condition; see the dual diagnosis guide.

Before you file

Try the less drastic options first when it’s safe to: a direct conversation, a structured family intervention with a professional, or an offer to book an assessment together. If you’re choosing where treatment will happen, check the provider’s license and avoid anyone who approaches you with inducements. Our guide on vetting a Florida rehab or sober home walks through it. The levels of care guides can help you understand what a court-ordered assessment might recommend.