To file a Marchman Act petition in Florida, you go to the clerk of court in the county where the person is located and file a petition for involuntary assessment and stabilization. A spouse, legal guardian, relative or service provider can file, as can any other adult with direct personal knowledge of the person’s substance abuse. Once the petition is filed, a judge reviews it and determines whether the criteria are met. If the petition is granted, the person is ordered to receive an assessment from a licensed service provider.
The Marchman Act exists because addiction can strip away a person’s ability to recognise they need services. If someone you love is refusing help, this is the legal process Florida law gives families — and thousands of Marchman Act petitions are filed across the state every year.
If the person is in immediate danger, do not wait for a court. Call 911. For crisis support, call or text 988 (Suicide & Crisis Lifeline). For treatment referrals, call the SAMHSA National Helpline at 1-800-662-4357, free and confidential, 24/7.
What the Marchman Act Is
Formally the Hal S. Marchman Alcohol and Other Drug Services Act, it lives in Chapter 397 of the Florida Statutes. The law allows a court to order an individual into involuntary assessment, stabilization, and in some cases court ordered treatment, when substance abuse has left them unable to make a rational decision about their own care.
You are not asking the court to punish anyone. You are asking it to intervene because the impairment itself is preventing the decision.
Marchman Act or Baker Act? The Baker Act (Chapter 394) covers mental health crises and allows an involuntary examination of up to 72 hours. The Marchman Act covers substance abuse — alcohol and drugs — and can lead to court-ordered treatment of up to 90 days. Where both are present, which is common, the Marchman Act handles the substance abuse impairment and the facility addresses the rest. See dual diagnosis treatment.
Who Can File the Petition
Florida law allows a Marchman Act petition to be filed by:
- The person’s spouse, legal guardian, or relative
- A private practitioner treating them
- The director of a licensed service provider, or a designee
- Any other adult with direct personal knowledge of the person’s substance abuse
That last route matters. A close friend, an employer or a neighbor can file, as long as they have direct personal knowledge of the person’s drug or alcohol use.
The person who files is the petitioner. The individual the petition concerns is the respondent.
You do not need an attorney to file. Many petitions are filed by families without one, though legal help is worth having if you can arrange it.
The Criteria the Court Applies
A judge will not order treatment simply because someone drinks too much. To determine whether the petition should be granted, the judge considers whether the respondent has lost the power of self control over their substance use, and either:
- They have inflicted or threatened harm to themselves or another person, or are likely to, or
- Their substance abuse impairment is such that they are incapable of appreciating their need for services and of making a rational decision about care
Most family petitions rest on the second ground. You do not have to prove violence or harm actually inflicted. You do have to provide evidence that the individual is genuinely impaired by substance use, not simply making choices you disagree with. The judge must determine that the statutory criteria are met before any order is granted.
Be specific. Dates, amounts, overdoses, hospital visits, arrests, jobs lost, things said. Courts respond to concrete information about the addiction, not to how frightened you are — however justified that fear is.
The Paperwork You Will Need
Before you go, gather the information the form will ask for:
- The respondent’s full legal name, date of birth, and current address
- Where the person can be located — this is required so the order can be served
- A factual account of the substance abuse, with dates and specifics
- Any prior treatment, hospitalisations, or overdoses
- Names and contact details of any other petitioners
Most clerk of court offices provide Marchman Act forms, and many Florida counties publish them online. Call the office before you go — staff in most counties handle these petitions every day and will tell you exactly what is required, how many copies to bring, and whether anything must be notarised.
How to File, Step by Step
1. Go to the right county. File with the clerk of court in the county where the respondent is located, not where you live, if those differ. We list treatment services by county including Broward, Palm Beach, Hillsborough, Pinellas, Miami-Dade, Orange and Duval.
2. Complete the petition for involuntary assessment and stabilization. This is a sworn document. Set out the facts that meet the criteria above. Completing it carefully matters more than completing it quickly.
3. File it. Florida law does not allow the clerk of court to charge a fee for filing a Marchman Act petition.
4. The judge reviews the petition. A judge may order the individual taken into custody for assessment. In urgent cases the court can issue an order without the respondent being present first.
5. Involuntary assessment and stabilization. The initial period is short — up to 72 hours of observation for adults, with limited exceptions (a minor can be kept up to five days), — during which a licensed service provider assesses the person and stabilises them medically. Where withdrawal is dangerous, this is where medical detox happens. Alcohol and benzodiazepine withdrawal can cause seizures, so this stage is genuinely medical, not administrative.
What Happens at the Hearing
A hearing is normally set within a few days of the petition being filed. The respondent has the right to be present at the hearing, to be heard, and to legal representation. If they cannot afford an attorney, the court may appoint one.
Expect the hearing itself to be short. These are not lengthy trials — many are decided the same day they are heard.
At the hearing the judge reviews the petition and any evidence the petitioner can provide, and determines whether the statutory criteria are met. Bring your documentation. The dates, records, and account of impairment you filed are what the hearing turns on, so bring the same material you filed with the petition.
If the respondent does not appear, the hearing may still proceed. Ask when you file how your county handles a respondent who cannot be located on the day.
If the petition is granted, the respondent is ordered to receive assessment and stabilization services from a licensed facility. If the assessment supports it, a further petition for treatment can be filed, and the court can order treatment for up to 90 days. That order can be renewed for up to 90 more days if the provider recommends it.
Procedure and timeframes vary by county, and the statute is amended from time to time. Confirm the current process with your county clerk of court, and speak to an attorney if you can — some Florida attorneys handle Marchman Act petitions specifically.
What It Costs
The petition itself is usually free or low-cost. Treatment is not.
A court order does not pay for care. Many providers accept insurance for court ordered treatment exactly as they would for a voluntary admission, and some counties provide publicly funded services with limited capacity. Find out what your insurance covers before the assessment period ends, because placement decisions get made quickly at that point. Our guide to choosing a rehab in Florida covers what to check before committing to any facility.
Does Court Ordered Treatment Work?
Research on legally mandated substance abuse treatment has generally found outcomes comparable to voluntary admission. The National Institute on Drug Abuse has noted that treatment does not have to be voluntary to be effective.
What a court order reliably does is buy time — days sober, days medically stable, days away from the drugs, and room for the person’s own judgment to return. Many individuals who arrive angry end up choosing to continue.
It is not a cure and it is not a guarantee. Some people complete the order and relapse. That is a reason to plan for what follows, not a reason to skip it.
Plan for What Comes After
A 60-day order that ends with the respondent returning to the same environment with no continuing care often ends the way you would expect. Before the order expires, line up outpatient or intensive outpatient services. If you are unsure what level of care the assessment will recommend, our comparison of inpatient and outpatient rehab explains the difference, and how long rehab takes covers typical program lengths.
Two more honest notes for families. Expect anger — most people are furious about being made to go, and for many that passes. And look after yourself: Al-Anon and Nar-Anon hold meetings across Florida.
Frequently Asked Questions About How to File a Marchman Act in Florida: A Family’s Guide
Who can file a Marchman Act petition in Florida?
A spouse, legal guardian or relative, a service provider, or any other adult with direct personal knowledge of the person's substance abuse can file a Marchman Act petition for an adult. For a minor, a parent, legal guardian or service provider can file. The petition is filed with the clerk of court in the county where the person is located.
Where do I file a Marchman Act petition?
With the clerk of court in the county where the respondent is located, not the county where the petitioner lives. Most clerk offices provide the required form and can explain local procedure.
What paperwork is required to file a Marchman Act?
The petition form, the respondent's full name, date of birth and address, information on where they can be located, and a factual account of the substance abuse with dates. Some counties require the paperwork to be notarised.
How long does Marchman Act treatment last?
Involuntary assessment and stabilization of an adult can last up to 72 hours of observation, with limited exceptions. If the court then orders treatment, it can last up to 90 days, and the order can be renewed for up to 90 more days if the provider recommends it. Confirm current timeframes with your county clerk of court.
What is the difference between the Baker Act and the Marchman Act?
The Baker Act covers mental health crises and allows an involuntary examination of up to 72 hours. The Marchman Act covers substance abuse. Its assessment of an adult also runs up to 72 hours, but it can lead to court-ordered treatment of up to 90 days. When both problems are present, the Marchman Act addresses the substance use.
Does it cost money to file a Marchman Act?
No. Florida law does not allow the clerk of court to charge a fee for filing a Marchman Act petition. Treatment itself is not covered by the court order, so it is billed to the person's insurance or Medicaid, or paid privately. Ask the treatment provider about costs before admission.
