The Marchman Act: what Florida families need to know before filing.

What the Marchman Act is

“Marchman Act” is the everyday name for Part V of Chapter 397, titled “Involuntary Admissions Procedures” (ss. 397.675 to 397.6977, Florida Statutes). It gives law enforcement, licensed professionals and families several separate routes to get a person assessed and, when a judge agrees, into treatment they have refused.

Much of what families read online about it is out of date. In 2024 the Legislature passed HB 7021, which became chapter 2024-245, Laws of Florida, effective July 1, 2024. It repealed the old two-stage court process, where a family first petitioned for “involuntary assessment and stabilization” and later petitioned again for treatment, and replaced it with one consolidated involuntary treatment petition. It also cut the time a court has to schedule a hearing from 15 days to 10, and required that the person be told of the right to an independent assessment (Senate bill summary; final bill analysis). Several of the sections were renumbered at the same time, so an article that cites s. 397.693 or s. 397.695 is describing the law as it stood before mid 2024.

The criteria the court looks for

The starting point is s. 397.675. There has to be a good faith reason to believe the person is substance abuse impaired, or has a substance use disorder together with a co-occurring mental health disorder, and that because of it they have lost the power of self-control over their use. On top of that, one of two things must be true:

• Judgment. They need services, and their judgment is so impaired that they cannot appreciate that need or make a rational decision about it. The statute is careful here: mere refusal of treatment is not, by itself, evidence of impaired judgment.
• Harm. Without care they are likely to suffer from neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm, one that willing family or friends cannot prevent; or there is a substantial likelihood they have caused, attempted or threatened physical harm to themselves or someone else, or will.

At the final hearing the bar rises. The petitioner has to prove the case by clear and convincing evidence, including that the person has a history of not complying with substance use treatment (s. 397.6957). Families who arrive with dates, specifics and records of earlier treatment attempts are giving the judge exactly what the statute asks for.

Who can file a petition

For an adult, s. 397.68112 allows a petition from the person’s spouse or legal guardian, any relative, a service provider, or “an adult who has direct personal knowledge” of the person’s substance abuse impairment and prior course of assessment and treatment. That last category is one adult. Older guidance that says three unrelated adults must file together does not reflect the current text.

For a minor, the petition may come from a parent, legal guardian or service provider. The person named in the petition, called the respondent, must also fit s. 397.68111: they reasonably appear to meet the criteria above, or were in protective custody or an emergency admission within the previous 10 days, or were assessed by a qualified professional within the last 30 days.

The petition process, step by step

This is the court-ordered route as the current statutes describe it. Your county’s clerk will have local forms and practices layered on top.

1. Prepare the petition. Under s. 397.68141 it names you and your relationship to the respondent and sets out the facts: the impairment, the loss of self-control, and the harm or impaired judgment. You may attach a report from a qualified professional who examined your loved one within the last 30 days. If the situation is an emergency, the petition must describe the exigent circumstances and ask the court for an ex parte assessment and stabilization order.
2. File with the clerk. File in the county where your loved one is located, not where you live (s. 397.681). The chief judge may assign a general or special magistrate to hear these cases. Orange and Osceola counties, for example, together make up Florida’s Ninth Judicial Circuit (s. 26.021).
3. The court acts on filing. It decides whether to appoint counsel for the respondent, and the clerk notifies the office of criminal conflict and civil regional counsel. The court schedules a hearing within 10 court working days unless a continuance is granted, and the clerk sends the summons to law enforcement for service within 6 hours of issuing it (s. 397.68151).
4. In an emergency, an ex parte order. On the petition alone, the judge may order law enforcement to take the respondent to the nearest appropriate licensed service provider, which may hold them up to 72 hours for observation, longer if withdrawal, detox or a medical condition requires it (s. 397.6818). If the respondent does not appear, the court may issue an ex parte order good for 90 days. If they are not assessed within those 90 days, the case must be dismissed.
5. The clinical assessment. Unless the respondent waives it in court, a qualified professional assesses them within 72 hours of arrival at a licensed provider (for a minor, starting within 12 hours) and files a report by close of business the day before the hearing. A report that recommends no treatment ends the case. The respondent may ask for an independent assessment, and witnesses may testify by audio-video technology (s. 397.6957).
6. The hearing and the order. If the judge finds the criteria proven by clear and convincing evidence, the court may order involuntary treatment “for a period not to exceed 90 days” (s. 397.697), through a publicly funded licensed provider, or a private licensed provider if the respondent or someone on their behalf is willing and able to pay. The court may direct the sheriff to deliver the respondent.
7. What happens after. The court keeps jurisdiction during the order. It can monitor compliance, change the treatment modality, or begin contempt proceedings when a valid order is violated. If more time is needed, the service provider, or the original petitioner with the provider’s documentation, files for renewal before the order expires; that hearing is scheduled within 10 court working days, held within 15 days of filing, and can add up to 90 more days (s. 397.6975).

Two non-court routes also exist. A law enforcement officer may place someone who appears to meet the criteria in protective custody (s. 397.677). And a spouse, guardian, relative or other responsible adult with personal knowledge may apply for an emergency admission when a physician or other listed professional certifies, after an examination within the preceding 5 days, that the person meets the criteria (s. 397.6791; s. 397.6793).

Marchman Act or Baker Act?

Families often reach for the wrong statute, and the difference matters for who is allowed to act. Both were amended by the same 2024 legislation.

The two courts can hand a case across. A Marchman judge who sees a mental illness meeting the Baker Act criteria may start those proceedings, and a Baker Act court may order a Marchman assessment. If psychosis, mania or suicidal depression is the bigger picture, read our guide to mental health intervention in Florida, where the Baker Act side is laid out in full, along with involuntary psychiatric pathways.

What the Marchman Act cannot do

Families deserve a clear view of the limits before they file, because a petition sets things in motion that are hard to call back.

• It cannot be used on refusal alone. Saying no to rehab does not prove impaired judgment. The court needs the loss of control and the harm or judgment findings.
• It does not cover mental illness without substance use. That is Baker Act territory, where the family’s role in court is far narrower.
• It does not let you pick any program you like. A private program can be ordered only when someone is willing and able to pay for it; otherwise the order runs through publicly funded licensed providers.
• It is time limited. Ninety days, then release unless a renewal petition is filed in time and granted.
• It cannot make someone engage. A judge can order attendance. Willingness to do the work of recovery still has to be built, and that is where most families need help.
• It is not a substitute for an emergency response. An overdose, a threat of suicide or violence, or a medical crisis calls for 911, not a filing.

Our wider explainer, how involuntary commitment really works, covers the relationship cost families should weigh, and the crisis and legal guide sets the court options beside the safety ones.

Where a prepared intervention fits

A lawyer’s page explains the petition. It rarely explains what happens in the family’s living room before and after it. That is the part we work on, and it is why a petition and an intervention are not rivals.

Before filing. A planned family intervention asks for a voluntary yes, with a licensed bed already confirmed and travel arranged. Many families keep the petition as the boundary they are prepared to hold if the answer is no. Said calmly, as a fact rather than a threat, that boundary often carries more weight than the paperwork itself.

Alongside the petition. When a family decides to file, the same preparation still matters. Independent treatment navigation identifies licensed programs that can actually take the case, which counts because the court’s order runs through a licensed provider. A clear written history of past treatment attempts supports the noncompliance finding the court must make. And sober transport keeps a reluctant yes from dissolving between the courthouse and the admissions door.

After the order. Ninety days passes quickly. The family’s job during that window is to stop rebuilding the life that made using easy, and to have an aftercare plan ready before discharge. Matt Gibson, our Certified Interventionist (CAI), and Hannah Gibson, who manages each case, are both in long-term recovery and know how fragile that handoff is.

If your loved one is in Central Florida, our page on intervention in Orlando covers the local picture, and our Florida interventionist page covers the rest of the state. G3 is based in Austin, Texas, travels to families in all 50 states, and can begin preparation by phone and video the same day.

What it costs

Filing itself is free: “The clerk of the court may not charge a fee for the filing of a petition under this section” (s. 397.681). Hiring an attorney is optional. Some families file on their own with the clerk’s help; others want a lawyer to draft the petition and present evidence at the hearing. The respondent has a right to counsel at every stage, with court-appointed counsel if they cannot afford one.

Treatment is the larger cost. Publicly funded licensed providers are available through the order; a private program requires that someone be willing and able to pay. Our own fee, if you work with us, is a flat fee in writing before you commit, with travel billed at actual cost and sober transport quoted separately. We are paid only by the family, and no program has ever paid us a referral fee.

Choosing treatment safely in Florida

Florida’s treatment market is large, and parts of it are built around patient referrals rather than care. The Patient Brokering Act, s. 817.505, makes it a crime for anyone, including a provider or facility, to offer, pay, solicit or receive a commission, bonus, rebate, kickback or split fee to induce referrals or patronage. A violation is a third-degree felony with a $50,000 fine, rising to a second-degree felony and $100,000 for 10 to 19 patients, and a first-degree felony and $500,000 for 20 or more.

In practice: be wary of anyone who offers free placement, free flights or free housing in exchange for choosing a program, and ask every helper how they are paid. Check a program’s license on the DCF Provider Substance Use Disorder Licensing and Designation Search, which DCF notes is not a quality rating. Our piece on the Florida Shuffle and its warning signs walks through the patterns to avoid.

If this is an emergency

If someone has overdosed, is threatening to harm themselves or someone else, or cannot be kept safe, call 911. For a mental health or substance use crisis, call 988 to reach the 988 Florida Lifeline, which DCF describes as free, available 24/7 and answered by Florida-based crisis counselors (DCF 988 page). For local services and referrals, dial 211. A Marchman petition and a family intervention both belong to the situation that is serious but not, this hour, an emergency.

This guide is general information, not legal advice; confirm the specifics for your case with the clerk of court in your loved one’s county or with a Florida attorney.

Before you file, talk it through with us. We will tell you honestly whether an intervention, a petition or both fit your family. (214) 927-2154.