When someone you love is losing their life to addiction and refuses help, Florida law gives you a way to act. The Florida Marchman Act (Chapter 397, Florida Statutes) is a civil legal process that allows family members, spouses, and other concerned adults to petition a court for involuntary substance abuse assessment and treatment. It allows a Florida court to order a person into professional assessment and, if clinically warranted, treatment at a licensed facility for up to 60 days (with possible extensions to 90 days). Filing a petition is free, and you do not need an attorney to begin.
What Is the Florida Marchman Act?
The Florida Marchman Act is a state law, formally named the Hal S. Marchman Alcohol and Other Drug Services Act of 1993. It provides a structured civil court process for involuntary assessment, stabilization, and treatment of individuals whose substance use has become severe enough that they can no longer make rational decisions about their own care. The law applies to adults and minors, covers all substances (alcohol, opioids, cocaine, methamphetamine, benzodiazepines, prescription drugs), and is enforced statewide.
The Marchman Act treats addiction as a medical condition requiring clinical intervention. No criminal record results from a filing. The court’s role is to evaluate whether someone has lost the power of self-control with respect to substance use, and the goal is always treatment, not incarceration. For families in South Florida and throughout the state, the Marchman Act is often the last tool available when a loved one’s addiction has moved past the point where reasoning or intervention can break through.
Who Can File a Marchman Act Petition?
Qualifying Relationships
For adults, the following individuals can petition the court:
- A spouse or legal guardian
- Any relative (parent, sibling, adult child, grandparent, aunt, uncle)
- A licensed service provider or the provider’s designee
- A private practitioner (physician, therapist, psychiatrist)
- Any adult who has direct personal knowledge of the person’s substance abuse impairment
- Any three adults who collectively have knowledge of the person’s substance use (the “three-adult rule”)
For minors, a parent, legal guardian, legal custodian, or licensed service provider may file. Law enforcement officers can also initiate a Marchman Act hold by placing someone in protective custody if they encounter a person who is obviously impaired in a public setting.
Qualifying Conditions: What Has to Be True About Your Loved One
A Marchman Act petition cannot be filed simply because someone is using substances. The court requires evidence that two conditions exist simultaneously. First, the person must be substance abuse impaired and have lost the power of self-control with respect to their substance use. Second, their judgment must be so impaired that they are incapable of appreciating their need for care and unable to make a rational decision about treatment.
In practice, this means you will need to describe specific behaviors and incidents. A petition built on general concern will not succeed. Courts look for concrete evidence: repeated overdoses, medical emergencies, dangerous behavior while intoxicated, prior failed treatment attempts, and refusal to accept help despite obvious deterioration.
How the Marchman Act Process Works, Step by Step
Filing the Petition
The process begins at the clerk of court’s office in the county where your loved one is physically located. In Broward County, that is the Broward County Clerk of Courts, located at 201 SE 6th Street in Fort Lauderdale. There is no filing fee.
You will complete a sworn petition and affidavit describing your loved one’s substance use and specific behaviors you have personally witnessed. The petition must be signed under oath. Be prepared to provide a physical description of the person, their current location, and any known medical conditions or medications. Before filing, you also need to contact a licensed treatment facility and confirm that bed space is available.
The Assessment Order
Once the petition is filed, a judge reviews it. If the judge determines the situation is an emergency, they may issue an ex parte order the same day, authorizing law enforcement to take your loved one to the designated facility. If the situation does not meet the emergency threshold, the court schedules a hearing within 10 days, and your loved one is served with a summons.
At the hearing, you and any witnesses must testify. The burden of proof falls on the petitioner, and the standard is clear and convincing evidence. Your loved one has the right to legal representation; if they cannot afford an attorney, the court may appoint one.
What Happens at the Assessment
If the court grants the petition, your loved one is taken to a licensed receiving facility for involuntary assessment and stabilization lasting up to five days. Clinical professionals evaluate the severity of the substance use disorder, any co-occurring mental health conditions, and the level of care needed. At the end of assessment, the facility may discharge the individual, transition them to voluntary treatment, or petition the court for involuntary treatment.
Court-Ordered Treatment
If the assessment confirms the need for ongoing care, the court may order involuntary treatment for up to 60 days, with extensions to 90 days possible depending on the county and clinical justification. Treatment may include medical detox, residential care, partial hospitalization, or intensive outpatient programming. If someone leaves before completing the court-ordered program, they are considered in contempt of court and may face legal consequences.
If your loved one’s substance use is intertwined with a psychiatric condition (depression, trauma, bipolar disorder, psychosis), a standard assessment under the Marchman Act may not capture the full clinical picture. Destination Hope specializes in exactly this intersection, treating co-occurring mental health and substance use disorders as primary conditions, not afterthoughts. A confidential conversation with the admissions team can help you understand your options: call 954.302.4269.
Marchman Act vs. Baker Act: What Is the Difference?
These two Florida laws are often confused. Both involve involuntary holds, both aim to protect individuals in crisis, and both are civil processes. The difference is what each law addresses.
The Baker Act (Chapter 394, Florida Statutes) applies to mental health crises. It authorizes involuntary psychiatric examination when a person appears to have a mental illness and is a danger to themselves or others. A Baker Act hold lasts up to 72 hours and is focused on stabilization, not ongoing treatment. The Marchman Act applies specifically to substance use disorders, provides a longer timeline (assessment up to 5 days, treatment up to 60 to 90 days), and is designed to move someone from crisis into a structured treatment program.
The complication: many people qualify under both. Someone whose alcohol use has triggered psychotic episodes, or whose opioid dependence is entangled with severe depression, may meet the criteria for either statute. The Baker Act might address the immediate psychiatric emergency, but it will not lead to substance abuse treatment. The Marchman Act addresses the substance use, but a five-day assessment may miss complex psychiatric conditions driving the addiction. For families navigating this overlap, the choice of treatment program matters enormously.
When the Marchman Act Leads to Residential Treatment in South Florida
After a Marchman Act assessment, if the court orders treatment, families face a critical decision: where should their loved one go? In Broward County and across South Florida, there is no shortage of licensed treatment facilities. The challenge is finding one with the clinical depth to handle what is actually going on.
When substance use is the only issue, many programs can manage the basics of detox and early stabilization. But when the substance use is layered on top of a psychiatric condition (major depression, PTSD, bipolar disorder, psychotic features, personality disorders, eating disorders), a standard rehab may not be equipped for what comes next. The person stabilizes from substances, and the underlying mental illness surfaces with full force. Without a clinical team trained to manage both simultaneously, the risk of relapse or escalation of psychiatric symptoms increases.
Destination Hope was built for this population. Located in Tamarac, FL (minutes from downtown Fort Lauderdale), Destination Hope is a Joint Commission-accredited residential mental health and dual diagnosis treatment center that has operated since 2006. Licensed by the Florida Department of Children and Families and the Florida Agency for Healthcare Administration, the program is psychiatrist-led with a Masters-level-and-above clinical team.
What sets Destination Hope apart is its treatment of psychiatric illness as the primary condition. Depression, anxiety, bipolar disorder, PTSD, schizophrenia, schizoaffective disorder, eating disorders, and personality disorders receive the same clinical intensity that most facilities reserve for addiction alone. When a co-occurring substance use disorder is present, it is treated fully and simultaneously through on-site medical detox, residential care, and a full continuum that includes PHP, IOP, and extended care. Programming includes evidence-based therapies (CBT, DBT, trauma resolution therapy), individualized medication management, gender-specific tracks, family programming, and nutrition counseling. Residential stays of 30 to 90 days align well with Marchman Act treatment timelines.
Frequently Asked Questions About the Florida Marchman Act
Who Can File a Marchman Act Petition in Florida?
A spouse, legal guardian, any relative, a licensed service provider, a private practitioner, or any adult with direct personal knowledge of the person’s substance abuse may file. Three unrelated adults with personal knowledge can also file together. No attorney is required, and there is no filing fee.
What Is the Difference Between the Marchman Act and the Baker Act?
The Marchman Act addresses substance use disorders and can lead to treatment lasting up to 60 to 90 days. The Baker Act addresses mental health emergencies and authorizes a 72-hour involuntary hold for psychiatric evaluation. A person with co-occurring conditions may be eligible under both.
How Long Does Marchman Act Treatment Last in Florida?
The initial assessment phase lasts up to five days. If the court orders treatment, the standard period is up to 60 days. Extensions of up to 90 days are available, and additional renewals are possible with clinical justification.
Can Someone Be Forced Into Rehab Under the Marchman Act?
Yes, but only through a court order. The petitioner must prove by clear and convincing evidence that the person has lost self-control over their substance use and cannot make rational decisions about treatment. The individual retains legal rights throughout, including representation and a hearing before treatment is ordered.
What Happens if My Loved One Refuses Treatment After a Marchman Act Order?
Treatment facilities are not locked, and a person can physically leave. However, leaving before completing a court order is considered contempt of court, which can carry legal consequences. This provision encourages individuals to stay in care long enough for treatment to take effect.
Does the Marchman Act Cover Mental Health Treatment or Only Substance Abuse?
The Marchman Act applies specifically to substance use disorders. However, the assessment evaluates co-occurring mental health conditions, and the treating facility may address both. For individuals whose psychiatric illness drives their substance use, choosing a dual diagnosis program like Destination Hope ensures both conditions receive appropriate clinical attention.
How Do I File a Marchman Act Petition in Broward County?
Visit the Broward County Clerk of Courts Mental Health division at the Broward County Courthouse, 201 SE 6th Street, Fort Lauderdale. Staff provide filing packets with instructions and required forms. Before filing, contact a licensed facility to confirm bed availability. For additional guidance, the Broward Behavioral Health Coalition can be reached at 954-622-8121.
How to Start
You do not have to navigate this alone. If you are considering the Marchman Act, or if you have already filed and are looking for a residential program that can treat what is underneath the substance use, the admissions team at Destination Hope is available now. Call 954.302.4269 to speak with someone who understands both the legal process and the clinical realities. You can also reach out through the For a Loved One page or verify your insurance coverage online.
If you or someone you know is in crisis, call or text 988 to reach the Suicide and Crisis Lifeline, available 24/7. You can also text HOME to 741741 to reach the Crisis Text Line. For emergencies, call 911.
Learn More
- Florida Department of Children and Families: Marchman Act Overview and Forms
- Broward County Clerk of Courts: Mental Health Division
- Broward Behavioral Health Coalition: Baker Act and Marchman Act Resources
- Florida Statutes Chapter 397: Substance Abuse Services
- SAMHSA National Helpline: 1-800-662-HELP (4357)
