The Marchman Act is Florida's civil substance abuse intervention law, allowing families and loved ones to petition the court to compel assessment and treatment when a person's substance abuse has reached the level where they can no longer make rational decisions about their care. Unlike criminal drug charges, a Marchman Act case is civil and confidential. This page explains when and how it can be used, what the process looks like, and what to expect.
Governing law: Hal S. Marchman Alcohol and Other Drug Services Act of 1993, Chapter 397, Florida Statutes. Core sections: F.S. § 397.675 (criteria), § 397.681 (court jurisdiction), § 397.693 (involuntary treatment), § 397.6760 (confidentiality).
The law is named after the Reverend Hal S. Marchman, a Daytona Beach minister and substance abuse advocate who spent decades working with addicted individuals and their families. The 1993 legislation consolidated and modernized Florida's various substance abuse statutes into one comprehensive civil intervention framework.
Under Florida Statute 397.695, the following people are authorized to file:
Petitions are filed with the Clerk of the Circuit Court in the county where the respondent resides or is found. Most Florida circuit courts have specific Marchman Act divisions or assigned judges. Filing fees apply, though indigent petitioners may request a fee waiver.
The Marchman Act threshold under F.S. 397.675 has three elements, all of which must be present:
Courts interpret "lost the power of self-control" to require more than occasional use or even regular use. There must be evidence the person is unable to stop, has tried and failed, or is actively deteriorating. The harm element is similar to the Baker Act's threshold: recent, observable, substantial, not speculative.
The "incapable of appreciating their need for services" prong is uniquely valuable in substance abuse cases. Denial is a well-documented feature of addiction. The Marchman Act recognizes that a person in active addiction may lack the clinical insight to recognize they need help, and the court can intervene on that basis alone if the evidence supports it, even without imminent physical harm.
Marchman Act cases generally proceed in phases, each with specific statutory durations. In practice, many cases do not go through every phase, some settle at voluntary admission after the petition is filed, and others proceed only to assessment.
If the petition alleges immediate danger, the court may issue an ex parte order (without a hearing and without the respondent present) for law enforcement to take the respondent into protective custody and transport them to a licensed service provider. The emergency hold is up to 72 hours, during which the provider determines whether further assessment is needed. This phase is not used in most Marchman Act cases, it is reserved for acute situations.
After a hearing (which must be held within 10 days of filing the petition), if the court finds the criteria are met, it orders involuntary assessment and stabilization at a licensed service provider. This phase lasts up to 5 days, during which clinicians evaluate the respondent's substance abuse condition and recommend a treatment plan. The provider files a report with the court at the end of assessment.
If assessment shows continued need, the court may order involuntary treatment for up to 60 days. The treatment order can be renewed for additional 60-day periods through further court proceedings, up to a total length that varies by circuit but is typically capped at 90 to 180 days before the case must be revisited. Treatment may be inpatient, residential, outpatient, or partial hospitalization, depending on the clinical recommendation.
Florida Statute 397.6760, effective July 1, 2017, made Marchman Act records confidential and exempt from public disclosure under the Sunshine Law. This was a significant change: before 2017, Marchman Act filings were public record, which deterred many families from using the law out of concern for privacy and future employment impact for their loved one.
Under current law:
This confidentiality is one of the strongest reasons to choose the Marchman Act over other legal tools in a substance abuse crisis. Families can intervene without creating a permanent public record.
File a sworn petition with the Clerk of the Circuit Court in the respondent's home county. The petition must include specific facts: when and what substances were used, observed behavior, incidents of harm or threatened harm, prior treatment attempts, and why voluntary options have failed or are not feasible. Filing fees apply (around $400 in most counties, with indigent waivers available).
The Clerk issues a summons to the respondent, typically served by the Sheriff's Office. The respondent is notified of the hearing date, which must be within 10 days of filing under F.S. 397.6811. In emergency cases, an ex parte order can be issued for immediate protective custody pending the hearing.
At the assessment hearing, the petitioner presents evidence. The respondent is entitled to counsel and can present their own witnesses and cross-examine. The court applies the clear and convincing evidence standard. If met, the court orders assessment at a specific licensed provider.
Law enforcement (usually the Sheriff's Office) transports the respondent to the ordered facility under F.S. 397.6957. Assessment lasts up to 5 days. The provider files a report recommending further treatment, voluntary admission, or release.
Based on the assessment, the court may order treatment up to 60 days, extendable in 60-day increments with additional court findings. Treatment facilities are licensed service providers under F.S. 397.311. Discharge planning must begin under F.S. 397.6977 before release.
Marchman Act respondents have specific rights throughout the process:
The respondent, their insurance, or their family typically pays for treatment. Public licensed service providers may accept Medicaid, Medicare, or have sliding-scale fees. Some counties operate publicly funded facilities specifically for Marchman Act respondents who cannot afford private care.
The person filing the petition is not liable for the respondent's treatment costs unless they are also a legally responsible party (spouse, parent of minor). The court order itself does not obligate the petitioner to pay.
If you need help understanding whether a Marchman Act fits your situation, or locating a loved one who was recently Marchman Acted, call our free 24/7 line. We can explain the process and help you find licensed attorneys and treatment providers.
Call (786) 600-3533 →For substance abuse crisis support, call SAMHSA's National Helpline: 1-800-662-HELP (4357).