Marchman Act vs. Baker Act
Families in crisis often cannot tell which Florida law applies. The short answer: the Marchman Act is for substance abuse, the Baker Act is for mental health. They are separate statutes with different criteria.
The Marchman Act — substance use disorder
The Marchman Act, Florida Statute Chapter 397, is a civil court process. It is not criminal: the respondent is not arrested, charged, or convicted.
- What it covers: involuntary assessment, stabilization, and treatment for someone who has lost the power of self-control over substance use and refuses voluntary help.
- Who can start it: a spouse, a relative by blood or marriage, a legal guardian, direct knowledge of the substance abuse.
- Roughly how long: a court may order assessment of for a short observation period, and treatment of up to 90 days, extendable in further 90-day periods on a renewed petition.
- Where it is filed: the circuit court of the Florida county where the respondent is located.
The Baker Act — mental health
The Baker Act, Florida Statute Chapter 394, covers involuntary psychiatric examination and treatment. It is described here only so families can tell the two apart. This firm does not handle Baker Act matters.
- What it covers: involuntary examination where there is reason to believe a person has a mental illness and, without care, may harm themselves or others.
- Who can initiate it: generally a law enforcement officer, certain licensed physicians or mental health professionals, or a judge on an ex parte petition.
- Roughly how long: the examination period is short — commonly up to 72 hours — after which the person may be released, may agree to voluntary treatment, or a separate petition for longer placement may be filed.
When both might apply
Substance use and mental illness often occur together, and the two statutes are not mutually exclusive. Where both are present, the criteria under one chapter may apply, both may apply, or neither may — an attorney should review the specific facts before a petition is filed.
For the law itself explained at length, our companion site marchmanactinfo.com sets out the fuller side-by-side comparison of the two statutes and what each order can require.
If someone is in immediate danger, call 911. This firm is not an emergency service.
How this firm can help
Marchman Act Legal Clinic provides full legal representation for Marchman Act petitions in all 67 Florida counties — we represent you through the hearing, we do not simply help you file. Decades of experience, 3,000-plus Marchman Act cases handled, and same-day review of completed intakes. Our flat fees are set out on the pricing page.