When nothing else works. We do.

Florida Marchman Act representation, at a price families can actually afford.

When someone you love is refusing help, you need action, not paperwork. Our Florida law firm handles the Marchman Act legal process for a flat fee a fraction of what traditional firms charge.

Confidential · Flat-fee representation · Same-day intake review · All 67 Florida counties · 3,000+ Marchman Act cases handled

What Marchman Act Legal Clinic Does

We are a Florida law practice. Our attorneys provide full legal representation for families seeking involuntary substance abuse assessment and treatment for a loved one under the Marchman Act. We are not a referral service, not a form-filling tool, and not an information directory. When you retain us, a Florida-licensed attorney handles your case.

What is the Marchman Act?

The Marchman Act (officially the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, codified at Florida Statute Chapter 397) is a Florida civil law that lets families intervene legally when a loved one's substance use disorder has reached a point where they cannot recognize the need for treatment, refuse voluntary help, and are likely to harm themselves or others.

Unlike a criminal proceeding, the Marchman Act is a civil court process. The person being petitioned (the respondent) is not arrested, charged, or convicted of anything. The court's role is to determine whether the statutory criteria are met and, if so, to order assessment and (if appropriate) treatment.

Who can file a Marchman Act petition

Under Florida Statute 397.6814, a Marchman Act petition may be filed by:

• A spouse of the respondent
• A relative by blood or marriage (parent, adult child, sibling, grandparent, etc.)
• A legal guardian
• Any three adults who have personal, direct knowledge of the respondent's substance abuse

Statutory criteria

For the court to grant a Marchman Act petition, the petition must demonstrate that the respondent:

1. has lost the power of self-control with respect to substance use, and
2. either has inflicted, threatened, or attempted to inflict physical harm on themselves or another, or is likely to suffer harm without care, and
3. has refused voluntary services or, by reason of substance abuse impairment, is unable to make a rational decision regarding the need for treatment.

What the court can order

• Involuntary assessment: up to 5 days at a licensed assessment facility (extendable up to 7 days)
• Involuntary stabilization: additional days when emergency stabilization criteria are met
• Court-ordered treatment: up to 90 days at a licensed treatment facility
• Extended treatment: additional 90-day periods on a renewed petition if continued need is shown

Confidentiality

Marchman Act records are subject to confidentiality protections under Florida law and federal substance abuse confidentiality regulations (42 CFR Part 2). Hearings are typically closed, and case files are sealed in most circumstances. Communications with our attorneys are protected by attorney-client privilege from the moment a representation agreement is signed.

How the process works

1. Intake (~10 minutes). Complete our online intake. It captures the facts the attorney needs: who the respondent is, what substances are involved, what behaviors you have observed, prior treatment history, and current risk.
2. Same-day attorney review. A Florida attorney reviews the intake. If the case meets Marchman Act criteria, you'll be presented with a representation plan.
3. Representation agreement and payment. A signed representation agreement creates the attorney-client relationship. Payment is processed securely.
4. Petition drafted and filed. Most petitions are filed within 24 to 48 hours. We file in the appropriate county circuit court, wherever the respondent is located.
5. Hearing scheduled. Florida courts typically schedule the hearing within 10 days of filing. Emergency petitions can be heard same-day or next-day where warranted.
6. Hearing. Your attorney appears at the hearing. The petitioner usually attends and may testify briefly to the facts in the petition.
7. Order and placement. If the court grants the order, we coordinate placement at a licensed assessment or treatment facility.

Counties served

We file Marchman Act petitions in all 67 Florida counties:

Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, St. Johns, St. Lucie, Santa Rosa, Sarasota, Seminole, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, Washington.

Representation packages & pricing

Two flat-fee packages. The 15-minute intake call is free.

All representation by Florida-licensed attorneys. Same-day case review. Emergency petitions available.

Cost fee is required as some counties require a fee be provided to the sheriff for execution and service of summons and court orders.

Frequently asked questions about the Marchman Act

What is the Marchman Act?

Florida's Marchman Act (Florida Statute Chapter 397) is a civil law that allows family members or three concerned adults to petition a court to order involuntary substance abuse assessment, stabilization, and treatment for someone who has lost the power of self-control over substance use and refuses voluntary help.

Is the Marchman Act the same as Baker Act?

No. The Baker Act (Florida Statute Chapter 394) addresses involuntary mental health examination and treatment. The Marchman Act (Chapter 397) addresses involuntary substance abuse assessment and treatment. They are separate statutes with different criteria, processes, and outcomes. A person can be subject to both, but a Marchman Act petition specifically targets substance use disorder.

Why are your fees lower than other firms?

Traditional Florida law firms handling Marchman Act cases typically bundle extensive litigation, guardianship, or broader representation into their fees, which is why many charge $10,000 to $20,000 or more per matter. Marchman Act Legal Clinic was built differently. We are a streamlined law firm focused specifically on Florida Marchman Act proceedings. Our systems, procedures, and firm structure were designed for these cases, and that focused design is what lets us offer experienced representation at a flat fee a fraction of what traditional firms charge. Lower fees do not mean less legal representation.

Can I file a Marchman Act petition without a lawyer?

Yes. Florida law permits pro se filing. However, the petition must meet specific statutory criteria, be filed in the correct court, and be supported with admissible evidence at the hearing. Pro se petitioners often have petitions denied for procedural defects. Most families who try quickly discover that the legal requirements are detailed, important allegations are easy to omit, hearings can be intimidating, and procedural mistakes can delay the case at exactly the moment time matters most. An experienced Marchman Act attorney significantly improves the likelihood of a successful outcome.

How long does treatment last?

The court can order an initial period of court-ordered treatment of up to 90 days. The order can be extended in additional 90-day increments if a renewed petition shows continued need.

Will my loved one have a criminal record?

No. The Marchman Act is a civil proceeding, not a criminal one. The respondent is not arrested, charged, or convicted of any crime, and a Marchman Act order is not a criminal record.

What if my loved one refuses to come to the hearing?

Florida law provides for procedures to bring a respondent to court when they refuse to appear voluntarily. This may include law enforcement transport pursuant to court order. We handle the procedural mechanics of compelling attendance when necessary.

Where is the petition filed?

In the circuit court of the Florida county where the respondent is located. If the respondent moves between counties, the proper venue may change. We handle filings in all 67 Florida counties.

How much does Marchman Act representation cost?

Two flat-fee packages. Tier 1 $2,995 ($2,945 flat fee plus $50 operational cost advance) covers full representation through the services hearing seeking a 90-day services order. Tier 2 $4,895 ($4,845 flat fee plus $50 operational cost advance) covers everything in Tier 1 plus status hearings through the 90-day services order period and the extension hearing when recommended. Service of process, filing fees, and postage are not included in the flat fee. The 15-minute intake call is free. Tier 1 is approximately 60% below the typical $7,500 floor for Florida Marchman Act representation.

Can I file from out of state?

Yes. What matters is where the respondent is located, not where you live. If your loved one is in Florida, you can petition under the Marchman Act from anywhere in the country.

Is the case public?

Marchman Act records are subject to specific confidentiality protections under Florida law and federal substance abuse confidentiality regulations. Hearings are typically closed and case files are sealed in most circumstances.

Get started

Complete our 10-minute intake to begin. A Florida attorney will review your case the same day. If your situation is an emergency, mark it on the intake and we will prioritize accordingly.