Question 1

What is the Marchman Act?

Accepted Answer

The Marchman Act, formally known as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993 (Florida Statute Chapter 397), is a Florida civil law that allows a family member, loved one, or three concerned adults to petition a court for involuntary substance abuse assessment, stabilization, and treatment for someone who has lost the power of self-control over substance use and is unable to recognize the need for help.

Question 2

Who can file a Marchman Act petition in Florida?

Accepted Answer

Under Florida Statute 397.6814, a Marchman Act petition may be filed by a spouse, a relative by blood or marriage (such as a parent, sibling, adult child, or grandparent), or a legal guardian. Florida law also allows certain other adults with direct personal knowledge of the person's substance abuse to petition; an attorney can confirm who may file in your situation.

Question 3

What can the court order under the Marchman Act?

Accepted Answer

If the court grants a Marchman Act petition, it can order an involuntary assessment and stabilization at a licensed facility, and court-ordered treatment for up to 90 days at a licensed treatment facility. Additional 90-day periods can be granted on a renewed petition if continued treatment is necessary.

Question 4

Do I need a lawyer to file a Marchman Act petition?

Accepted Answer

Florida law allows individuals to file a Marchman Act petition pro se (without an attorney), but having a Florida attorney significantly improves the chance of a successful outcome. An attorney ensures the petition meets the statutory requirements, is filed in the correct county court, and is presented effectively at the hearing. Marchman Act Legal Clinic provides full legal representation from intake through hearing across all 67 Florida counties.

Question 5

How long does the Marchman Act process take?

Accepted Answer

Most Marchman Act petitions are drafted and filed within 24 to 48 hours of completing intake. Florida courts schedule a hearing after filing, with timing varying by county. In emergency situations involving immediate risk of harm, expedited hearings may be granted on a same-day or next-day basis.

Question 6

What is the difference between voluntary treatment and the Marchman Act?

Accepted Answer

Voluntary treatment requires the person with the substance use disorder to agree to receive help. The Marchman Act is an involuntary civil process used when the person refuses voluntary help and meets the statutory criteria. Specifically, they have lost the power of self-control over substance use and are likely to harm themselves or others, or are unable to appreciate their need for treatment.

Question 7

Where is the Marchman Act petition filed?

Accepted Answer

A Marchman Act petition is filed in the circuit court of the Florida county where the person to be evaluated is located. Marchman Act Legal Clinic handles filings in all 67 Florida counties, including Miami-Dade, Broward, Palm Beach, Hillsborough, Orange, Pinellas, Duval, Lee, Polk, and every other county in the state.

Question 8

Is filing a Marchman Act petition confidential?

Accepted Answer

Marchman Act proceedings are subject to specific confidentiality protections under Florida law and federal substance abuse confidentiality regulations (42 CFR Part 2). Court records relating to Marchman Act cases are generally not publicly searchable and are sealed in many circumstances. Communications with our attorneys are protected by attorney-client privilege from the moment a representation agreement is signed.

Question 9

What happens if my loved one refuses to comply with a Marchman Act court order?

Accepted Answer

A Marchman Act court order is not simply a recommendation — it is a legally enforceable court order. If the respondent refuses to comply with either an Order for Assessment and Stabilization or a subsequent Order for Treatment Services, the court has the authority to enforce its orders through civil contempt proceedings. Civil contempt is not intended to punish; it is designed to encourage compliance with a lawful court order, typically through a purge provision that lets the respondent avoid consequences simply by complying. Marchman Act Legal Clinic represents petitioners in contempt proceedings to enforce existing Marchman Act orders.

Question 10

What does Marchman Act Legal Clinic do?

Accepted Answer

Marchman Act Legal Clinic is a Florida law practice that provides full legal representation for Marchman Act petitions. We evaluate the case, draft the petition, file it in the correct county court, appear at the hearing, and coordinate with treatment facilities. Services include same-day case review, emergency expedited filings, and post-hearing compliance support. We serve all 67 Florida counties.

Question 11

Why are Marchman Act Legal Clinic's fees lower than other firms?

Accepted Answer

Traditional Florida law firms handling Marchman Act cases typically bundle extensive litigation services, guardianship proceedings, 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. It is a streamlined law firm focused specifically on Florida Marchman Act proceedings. Our systems, procedures, and firm structure were designed for these cases. That focused design is what lets us offer experienced legal representation at a flat fee a fraction of what traditional firms charge. Lower fees do not mean less legal representation.

Question 12

How much does Marchman Act representation cost?

Accepted Answer

Marchman Act Legal Clinic offers two flat-fee packages. Tier 1 at $2,995 (a $2,945 flat fee plus a $50 operational cost advance) covers full petitioner-side representation through the services hearing. That includes petition drafted and filed, witness preparation, and all hearings before General Magistrates and/or the Circuit Court through the services hearing seeking a 90-day services order. Tier 2 at $4,895 (a $4,845 flat fee plus a $50 operational cost advance) covers everything in Tier 1 plus status hearings throughout the 90-day services order period for compliance monitoring, plus drafting/filing of pleadings to extend the original court order and the extension hearing itself when recommended by the service provider. Each total includes a $50 non-refundable cost advance, which covers case operating costs including court filing fees; private process server fees are the one exception and nothing above the advance is incurred without the client's authorization. Tier 1 is approximately 60% below the typical $7,500 floor of competing Florida Marchman Act firms. The 15-minute intake call is free.