What Is the Marchman Act?
The Marchman Act is Florida's civil law for court-ordered substance abuse assessment, stabilization and treatment. It exists for families whose loved one is in serious trouble and will not accept help voluntarily.
Its full name is the Hal S. Marchman Alcohol and Other Drug Services Act of 1993, and it is codified at chapter 397, Florida Statutes.
A civil process, not a criminal one
A Marchman Act case is filed in the circuit court of the county where the person, called the respondent, is located. The respondent is not arrested, charged or convicted, and an order under the act is not a criminal record. The court's role is to decide whether the statutory criteria are met and, if they are, what services to order.
What the criteria require
Under section 397.675, Florida Statutes, a petition must give the court good faith reason to believe the person is substance abuse impaired, or has a co-occurring mental health disorder, and because of it has lost the power of self-control over substance use. It must also show either that the person has inflicted, attempted or threatened physical harm on themselves or another, or is likely to — or that their judgment is so impaired they cannot appreciate their own need for services or make a rational decision about it.
Whether the criteria may apply in a particular situation is for an attorney to assess after reviewing the facts.
Who may petition
- A spouse or legal guardian
- A relative of the respondent
Certain practitioners and licensed service provider directors may also petition.
What a court can order
- Assessment and stabilization — a short period of observation and assessment, which the court may extend
- Treatment — up to 90 days at a licensed treatment facility
- Continued treatment — a further period of up to 90 days, on a renewed petition, if continued need is shown
This page is a summary. If you want the statute itself explained at length — the sections, the definitions, the timelines and how each stage leads to the next — that is what our companion site marchmanactinfo.com is for. It goes considerably deeper into the law than we do here.
If someone is in immediate danger, call 911. We are a law firm, not an emergency service.
Where we come in
Marchman Act Legal Clinic represents petitioners in these cases. We draft the petition, file it and appear at the hearings, in all 67 Florida counties, with decades of experience and 3,000-plus Marchman Act cases handled. Completed intakes get same-day review. The 15-minute intake call is free.