If someone is in immediate danger, call 911 now.
If your loved one's substance use has become dangerous and they refuse help, Florida gives families a legal path that most states don't: the Marchman Act. It lets you ask a court to order assessment and, if needed, treatment — even without the person's consent. This guide walks the process in plain language so you know what you're stepping into before you file.
What the Marchman Act Is
The Marchman Act is Chapter 397 of the Florida Statutes, formally the Hal S. Marchman Alcohol and Other Drug Services Act of 1993. It provides for both voluntary admission and involuntary assessment, stabilization, and treatment of a person who has lost the power of self-control over their substance use. It is Florida's substance-use counterpart to the Baker Act, which covers mental-health crises — see our companion guide on the Baker Act vs. the Marchman Act for how the two differ.
Key Takeaway
The Marchman Act (Ch. 397, Fla. Stat.) is Florida's civil-commitment law for substance use. It is a court process, not a hospital admission, and families themselves can start it.
Who Can Petition
For an adult, a petition for involuntary assessment can generally be filed by the person's spouse or legal guardian, a blood relative, a private practitioner, or any three adults who have personal, direct knowledge of the person's substance use. For a minor, a parent, legal guardian, or legal custodian may petition. Petitions are filed with the clerk of court in the county where the person is located.
What You Have to Show
The court is not going to order treatment simply because you are frightened, and understanding that up front saves heartache. The petition must show, in essence, that because of substance use the person has lost the power of self-control and either has become incapable of appreciating their need for care or presents a risk of harm to themselves or others. Heavy use alone is not the standard — the loss of control plus risk or incapacity is.
The Two Stages, and How Long Each Lasts
The Marchman Act runs in two possible stages. First is involuntary assessment and stabilization — if the court grants the petition, the person can be held at a licensed facility, generally up to five days, to be evaluated and stabilized while a professional recommendation is prepared. Second, if continued care is warranted and the person still won't consent, a separate petition for involuntary treatment can be filed, which a court can order for up to roughly 60 days, with the possibility of extension after a further hearing.
Many families use the assessment stage as a bridge to voluntary engagement rather than a substitute for it. Someone who is stabilized and clear-headed after several days in care is a different person to talk to than someone in active crisis.
Key Takeaway
Stage one is assessment and stabilization, generally up to five days. Stage two is a separate court-ordered treatment petition, up to about 60 days and extendable after a hearing.
Cost and Whether You Need a Lawyer
You can file pro se — on your own — through the clerk's office, and the petition itself carries little or no filing cost in many counties. Because the paperwork is time-sensitive and the treatment stage involves a hearing, some families hire a Marchman Act attorney, but it is not required. Treatment costs are separate and depend on insurance and the facility; our pillar guide covers paying for rehab in more detail.
What the Marchman Act Can't Do
It is not a cure, it does not guarantee long-term recovery, and it can strain trust. A court order creates a window; what happens inside that window is treatment, and recovery is a longer road. It also isn't "lockdown" — the person is at a licensed treatment facility under a time-limited order, not warehoused indefinitely, and retains patient rights.
Finding a Facility
Rehab Connect doesn't recommend specific facilities — we're a directory. When you're ready, you can browse licensed facilities in Florida and contact them directly to ask about admissions, Marchman Act experience, insurance, and levels of care. Outside Florida, browse by state to see what's near you. For the full picture of options before, during, and after a petition, start with the pillar guide, How to Get Someone Into Rehab Who Doesn't Want to Go.
Related Reading
How to Get Someone Into Rehab Who Doesn't Want to Go Baker Act vs. Marchman Act Casey's Law (Kentucky & Ohio) Section 35 (Massachusetts) Florida Drug Rehab GuideFrequently Asked Questions
Who can file a Marchman Act petition?
A spouse, legal guardian, blood relative, private practitioner, or any three adults with direct personal knowledge of the substance use (a parent or guardian for a minor).
How long can someone be held?
Involuntary assessment and stabilization is generally up to five days; a separate involuntary-treatment order can run up to about 60 days, extendable after a hearing.
Do I need a lawyer?
No — you can file on your own through the county clerk. Many families still use an attorney for the treatment stage because it involves a hearing.
Is it the same as the Baker Act?
No. The Baker Act (Chapter 394) is for mental-health crises; the Marchman Act (Chapter 397) is for substance use.
Crisis and Support Resources
- Immediate danger, medical emergency, or suspected overdose — call 911.
- 988 Suicide & Crisis Lifeline — call or text 988 (free, confidential, 24/7).
- SAMHSA National Helpline — 1-800-662-HELP (4357) (free, confidential treatment referral and information, 24/7, English & Spanish).
- Find licensed treatment — FindTreatment.gov, SAMHSA's free, ad-free treatment locator.
This page is drawn from SAMHSA, NIDA, and primary state statutes. It is educational information, not medical or legal advice. Laws and statute sections change — confirm current requirements with a local attorney or your county clerk. Rehab Connect USA is an informational directory; we do not place people in facilities or route calls. Browse licensed facilities and contact them directly.
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