The Florida Marchman Act: How It Works

If someone you love needs help with substance use, check your insurance coverage to see if treatment at an American Addiction Centers (AAC) facility is in network with your plan.

Substance abuse is a huge problem for millions of people in the United States. According to the World Health Organization (WHO), approximately 20.2 million adults in the United States have a substance use disorder.1 This includes people participating in any form of dangerous use of psychoactive substances, including both alcohol and illegal drugs.1

Many people who might need professional rehabilitation never get it because their substance abuse makes it difficult to realize if they are a danger to themself or others.2 

If you have a family member or a friend who is struggling but isn’t willing or capable to understand that they require help, you probably want to do all you can to assist them. This is the reason behind the existence of the Baker Act and the Marchman Act in Florida. Under these laws, a court can order a person to be assessed and, if needed, to receive treatment, which can help determine if the person needs further addiction-related services.

If your loved one is in Florida, the Marchman Act and the Baker Act can help them get proper help when they meet the legal criteria.

One of the most difficult tasks for families affected by substance use is convincing a loved one that drug rehab is needed. Interventions are one option that can lead a person to seek help voluntarily, but sometimes they won’t. In those situations, it may be time to consider court-ordered substance abuse rehab. Many states have laws that allow involuntary treatment for substance use, and Florida’s Marchman Act is one of them. Florida updated the Marchman Act’s involuntary services process in 2024, and the changes took effect July 1, 2024.¹³ The sections below explain how the law works today.

What is the Marchman Act?

It’s a civil, confidential involuntary commitment statute in the state of Florida. To put it in layman’s terms, it’s a Florida law devised to assist families through the courts to get loved ones into court-ordered-and-monitored intervention assessment stabilization or detox, and long-term drug treatment when they won’t do it themselves.

Florida passed the Marchman Act, formally known as the Hal S. Marchman Alcohol and Other Drug Services Act, in 1993, and lawmakers updated it in 2024.^12,13 According to the Florida Law on Substance Abuse Treatment, it allows families and others to ask a court for involuntary services if the person is:5

• A substance abuser who is likely to harm himself or others.
• So impaired that they cannot recognize the need for the treatment.

In other words, this is a legal intervention drug rehab for a person who may not be capable to voluntarily get help.

A person may end up involuntary admitted if there are suspicions that they are abusing substances to such extent that they:3

• Have lost the power of self-control because of substance use.
• Have inflicted, threatened, attempted to inflict, or is likely to inflict physical harm on themself or another.
• Need substance abuse service but they are so impaired that they are incapable of understanding their need for such services.

After you file a petition for your loved one, the court sets a hearing within 10 court working days. In an emergency, the court can issue an ex parte order for your loved one to be assessed and stabilized before the hearing.¹² 

It is important to mention that the legal confidentiality of meth abuse treatments and services offered in meth helplines, as well as rehab services for other substances, help save the identities of people who are struggling.

Who can invoke the Florida Marchman Act to force someone into treatment?

Florida law allows family members, licensed service providers and other adults who know about the person’s substance use and treatment history to file a petition. A person doesn’t need to have family to be helped under the Marchman Act.¹² See the full list of who can file below.

What Is the Baker Act?

The Baker Act in Florida, also known as Chapter 394, Florida Statuses (F.S.), is a legal way to petition for a crisis stabilization unit to pick up and transport a person for an involuntary psychiatric examination.7

This act states that the person in question has to act in such a way that there are good-faith reasons to believe they might cause harm to themselves or others. If your loved one meets the Baker Act requirements, the judge will sign the emergency admission order.7

According to the Baker Act Reporting Center’s Fiscal Year 2018/2019 Annual Report, there were 210,992 involuntary examinations from July 1, 2018, until June 30, 2019. Three-quarters (73.33%) of these examinations were for adults aged 18 to 64, 17.95% were children, and 7.33% were people older than 65. 1.39% have unknown age.10

However, this doesn’t mean that every one of these reports ended with the patient being hospitalized. The patient needs to meet all the Florida baker act criteria according to at least 2 doctors.8

What Is the Difference Between the Marchman Act and Baker Act?

When it comes to the Marchman Act vs. Baker Act, there are some key differences.

• The Marchman Act Florida law is invoked for individuals who are deemed deeply impaired because of substance abuse. On the other hand, the Baker Act is a law meant to provide people with a way to get help for their loved ones who are suffering from a crippling mental disorder.
• These acts don’t last for the same period of time. For example, when you’ve Baker Acted someone, they can be held involuntarily just for 72 hours, or 3 days.9 On the other hand, the Marchman Act Florida statute requires a person taken for assessment to be assessed by a qualified professional within 72 hours of arriving at a service provider, and court-ordered treatment can last up to 90 days.¹²
• The criteria for the two acts are different. When you’re Baker acting someone, that person needs to be in danger of harming himself.9 However, according to the Marchman Act in Tampa, it can be enough if the person you want in involuntary assessment threatened to harm someone or themselves.
  
• In order to invoke the Marchman Act and get a person in long-term drug rehab in Florida, you need to have direct evidence of their substance abuse.3 This isn’t the same for the Baker Act, meaning it’s enough to just co-sign that your loved one requires urgent medical help.
• The Florida Baker Act form is also somewhat simplified compared to the Marchman Act in Florida, as you don’t need to provide strict evidence
  

How Do I File a Marchman Act Petition?

A Marchman Act petition is filed with the clerk of the circuit court in the Florida county where the person is located. Under current law, the filing is a petition for involuntary treatment services. If the situation is an emergency, the same petition can ask the court for an ex parte order for involuntary assessment and stabilization.¹² There is no filing fee for a Marchman Act petition, and fees for serving the court papers can be waived if the petitioner can’t afford them.¹²

The petition must include:¹²

• Your name, the person’s name and your relationship to them.
• The name of the person’s attorney, if you know it.
• The facts that show why you believe the person is impaired by substance use and has lost the power of self-control over their substance use.
• The facts that show why you believe they have caused, or are likely to cause, physical harm to themselves or others without a court order, or are refusing care because substance use has impaired their judgment so much that they can’t understand their need for it.

You can attach a report from a qualified professional who examined the person within the 30 days before you file. If the person hasn’t been assessed or refused an evaluation, the petition must say so. In an emergency, the petition must describe the urgent circumstances.¹² The clerk may also ask for details such as the person’s address, date of birth, height and weight so the court papers can be served.

Who Can File the Marchman Act In Florida?

Under Florida law, if you are seeking admission into a treatment program for an adult, the petition can be filed by:¹²

• The person’s spouse or legal guardian.
• Any relative.
• A licensed service provider.
• An adult who has direct personal knowledge of the person’s substance use and their past assessment and treatment.

A petition for a minor can be filed by:¹²

• A parent.
• A legal guardian.
• A licensed service provider.

What Can I Expect After I File My Marchman Act Petition?

After you file, the court will:¹²

• Decide whether the person already has an attorney. If they don’t, the court appoints one, usually from the Office of Criminal Conflict and Civil Regional Counsel.
• Set a hearing within 10 court working days, unless the hearing is continued.
• Have the petition and notice of the hearing served on the person, usually by law enforcement.

If you asked for an ex parte order and the court grants it, the person can be taken to a licensed service provider for assessment and stabilization before the hearing. A qualified professional must assess them within 72 hours of arrival, and the hearing can be continued for up to 10 court working days while the assessment is completed.¹²

At the hearing, the judge reviews the evidence and either dismisses the petition or orders involuntary treatment. When possible and appropriate, treatment is ordered from a licensed provider the person chooses, such as one of the rehab treatment centers in Florida.¹²

Court-ordered treatment can last up to 90 days. If the person still meets the criteria near the end of that period, the service provider, or the original petitioner with the provider’s support, can ask the court to renew the order for up to 90 more days. The person must be released as soon as they no longer meet the criteria.¹²

How Do You Get Someone Involuntarily Committed in Florida?

This depends on why you want to have someone committed. If you fear the person is struggling with mental health issues, you should invoke the Baker Act. If your loved one is abusing psychoactive substances, then you need to Marchman Act them.

What kind of proof must I provide that this person needs treatment now?

At the hearing, you must show by clear and convincing evidence that:¹²

• The person is impaired by substance use and has a history of not following through with treatment.
• Because of that impairment, they’re unlikely to accept treatment voluntarily or can’t decide for themselves whether they need it.
• Without treatment, they’re likely to neglect their own care in a way that puts them at real risk of serious harm, or there is a substantial likelihood they will seriously harm themselves or someone else in the near future, as shown by recent behavior. Alternatively, you can show that substance use has impaired their judgment so much that they can’t understand their need for care or make a rational decision about it.

Evidence can include your testimony, testimony from other family members, the qualified professional’s assessment and drug test results ordered by the court. Witnesses may be able to testify remotely by audio-video technology.¹²

Once I file the necessary paperwork, how does the process work?

Here is how the process typically works under current Florida law:¹²

1. You file a petition for involuntary treatment services with the clerk of court. If it’s an emergency, the petition can also ask for an ex parte order for assessment and stabilization.
2. The court appoints an attorney for the person if they don’t have one and sets a hearing within 10 court working days.
3. If an ex parte order is issued, the person is taken to a licensed service provider and assessed by a qualified professional within 72 hours of arrival. The assessment is filed with the court before the hearing.
4. At the hearing, the judge reviews the evidence, including the substance abuse assessment, and either dismisses the petition or orders up to 90 days of drug treatment.
5. If the person leaves treatment or doesn’t follow the order, the court keeps jurisdiction over the case. It can order monitoring, change the type of treatment or start contempt of court proceedings.

Does the Person Need to Be a Florida Resident to Be Treated Under the Marchman Act?

Florida’s Marchman Act criteria don’t include residency. A petition is filed with the clerk of court in the Florida county where the person is located, but some counties have their own requirements, so check with the local clerk’s office before you file.

Is an attorney needed to seek treatment under the Florida Marchman Act?

No. You don’t need an attorney to file a Marchman Act petition, and clerk of court offices provide the forms. However, the person named in the petition has the right to an attorney, and the court will appoint one if they don’t have their own.¹² Because the hearing is a court proceeding with specific legal requirements, some families choose to hire an attorney to help prepare the petition and present evidence.

Will treatment under the Florida Marchman Act cost more?

There is no fee to file a Marchman Act petition. The cost of treatment depends on where the person receives care. Courts can order treatment at publicly funded licensed providers, or at a privately funded provider when the person, or someone on their behalf, is willing and able to pay.¹² Health insurance may cover some or all of the cost of treatment, so it’s worth checking your coverage.

Get Addiction Treatment Help in Florida

If you need help understanding how to Marchman act someone, the American Addiction Centers (AAC) can help. Their helpline can provide you with all the necessary answers to your questions and help you get professional guidance for your loved one via phone. Other than their rehab facilities in Florida, they have other facilities in the country, offering treatment services to those in need.

AAC can also help you see if your insurance covers the costs of drug treatment forced through the Marchman Act and verify your insurance status. While there are certain state-funded rehabs in Florida, these types of treatment centers offer advanced treatment methods and high-end care. With the help of a caring admissions navigator team, you can make the first step of the process.

Frequently Asked Questions

How to Get Someone Court-Ordered Rehab?

In Florida, you can file a Marchman Act petition with the clerk of court in the county where your loved one is located. The court sets a hearing and can order an assessment. If the judge finds that the legal criteria are met, the court can order up to 90 days of treatment at one of the licensed rehab facilities in Florida.¹²

Who Pays for Court-Ordered Rehab?

The person receiving treatment is generally responsible for the cost of their care, and the court orders treatment from a provider they choose when possible. Courts can also order treatment at publicly funded providers, or at private providers when the person or someone on their behalf can pay.¹² Insurance might cover the cost of treatment, and if the person doesn’t have insurance, several payment options may be available.

How to Get Someone Into Rehab against Their Will?

• When you feel that your loved ones need to go into rehab, you have to understand how to Marchman Act someone. This includes providing evidence of their substance abuse. If you’ve properly filed the form and if the relevant institutions deem it necessary, the person you’re petitioning for will get involuntarily assessed and if there is a need, placed into a rehab.While not all states offer the same possibilities, the Marchman Act requirements are the same no matter in what county you live in. For example, there is no difference between the Marchman Act in Miami and the Marchman Act in Tampa. However, some of the services may vary.5

How to Baker Act Someone in Florida?

• To Baker Act a person in Florida, you should fill the Baker Act form or call the Baker Act phone number and provide the necessary information.

What Happens After the Baker Act?

• When the Baker Act is invoked, the person will be taken to a certified mental health facility for evaluation. They can be held for up to 72 hours. The person can volunteer to remain in the facility longer, but the court might order so if rehab is needed and the person refuses it.9

What Happens When Someone Is Baker Acted?

• When you’ve Baker Acted someone, the staff at the certified mental health facility will evaluate them to determine if there is a need for further treatment.9

Who Can Baker Act Someone?

• A Baker Act can be requested by:10
  • A parent.
  • Legal guardian.
  • Spouse.
  • Relative.
  • Private physician.
  • Licensed service provider.