Florida’s Marchman Act Explained: Hope for Families, Help for Individuals

Addiction isn’t just a personal struggle. It’s a family crisis. When someone you love is deep in substance use and refuses help, the emotional weight can feel unbearable. You’ve tried talking, begging, and reasoning. Maybe you even staged an intervention. But if your loved one still won’t accept help—and their behavior is becoming dangerous—what can you do? That’s where Florida’s Marchman Act steps in. This law isn’t about punishment. It’s about protection. It gives families the power to petition the court for an assessment and treatment when a loved one can no longer make that choice safely. Below is how the process works under current law, which changed in July 2024, what families in Palm Beach County need to file, and where a rehab in Palm Beach County fits in once treatment is ordered.

What Is Florida’s Marchman Act?

Florida’s Marchman Act is a state law that lets families and others ask a court to order assessment and treatment for someone whose substance use has put them at serious risk. Its full name is the Hal S. Marchman Alcohol and Other Drug Services Act, and it is part of chapter 397 of the Florida Statutes. What makes this law different is that it’s part of the civil legal system, not the criminal one. This distinction matters deeply. Under the Marchman Act, the goal is medical intervention and protection, not punishment or incarceration. The individual is not arrested, charged with a crime, or given a criminal record. Instead, they’re offered a chance to stabilize and begin a recovery journey.

The person must meet specific criteria under section 397.675. They must be impaired by substance use and have lost the power of self-control over it, and, because of that, at least one of these must be true:

• Their judgment is so impaired that they cannot recognize their need for treatment or make a rational decision about it.
• Without care, they are likely to neglect themselves or refuse care in a way that poses a real and present threat to their well-being.
• They have harmed, threatened, or attempted to harm themselves or others, or are likely to.

Refusing treatment on its own is not enough; the law says so directly. That risk might be physical (like drunk driving or self-harm) or due to severe neglect (such as not eating, washing, or taking essential medications because of substance use).

The Marchman Act provides a way to step in before an overdose or tragedy occurs. It’s most often used when all other voluntary treatment options have failed and the person is unable to recognize how much danger they’re in. This law bridges the gap between doing nothing and calling the police—giving families a compassionate legal pathway toward safety.

How Does the Marchman Act Work in Florida?

Since July 1, 2024, Florida uses one petition for involuntary treatment services instead of separate petitions for assessment and treatment. Some older guides, including a few court flyers, still describe the former 5-day assessment and 60-day treatment periods. Under current law, the process looks like this:

In an emergency, the petition can ask for an ex parte order, which lets the judge order an assessment before the hearing takes place.

Who Can File a Marchman Act Petition?

Filing a petition under the Marchman Act may sound complicated, but it’s a well-outlined legal process that empowers everyday people to take action. One of the most important aspects of the law is who has the right to start the process. You don’t need to be a lawyer or a medical professional to file; you just need to be someone who cares enough to act.

Eligible petitioners for an adult include:

• A spouse or any relative
• A legal guardian
• A licensed service provider
• An adult with direct, personal knowledge of the person’s substance use and treatment history

For a minor, a parent, legal guardian, or service provider can file. Law enforcement uses a separate route, called protective custody, rather than a petition. The petition is sworn and filed with the clerk of court in the county where the person is located, which includes:

• Specific, firsthand facts showing they have lost control over their use and meet the risk criteria above
• Your name and relationship to the person, and their attorney’s name if you know it

Once submitted, the court reviews the petition and decides if there is enough cause to move forward. It’s essential to be honest and specific. Vague statements won’t suffice; the court needs a clear picture of the risk. Dates, incidents, and what you saw yourself carry more weight than general worries.

Filing the petition is a brave step. It shifts the situation from endless arguing and pleading to a structured legal process where professionals take over and act in everyone’s best interest.

When Should Families Consider the Marchman Act?

Recognizing the right moment to use the Marchman Act is one of the hardest decisions a family can face. Many people wait too long, holding onto the hope that their loved one will eventually seek help. Before going to court, most families try the steps for what to do when someone doesn’t want help, from honest conversations to firm boundaries. Unfortunately, addiction can completely hijack a person’s judgment, leaving them blind to their own risk and incapable of making rational choices about treatment. You should consider Florida’s Marchman Act when the substance use disorder has moved from harmful to life-threatening. This includes clear signs of danger, such as:

• Overdosing, blacking out, or ending up in the ER repeatedly
• Driving under the influence, starting physical altercations, or engaging in criminal behavior
• Threatening suicide or expressing violent thoughts
• Ignoring personal hygiene, food, shelter, or critical medical conditions
• Refusing addiction treatment in Florida or other voluntary rehab programs after multiple interventions

At this point, the person isn’t just hurting themselves, but they could also be a danger to others. When families reach this level of concern, the Marchman Act offers a responsible, legal intervention. It’s no longer about “waiting for rock bottom.” The law allows you to act now, preventing harm before it’s irreversible.

If someone is in immediate danger, call 911 first. If they talk about suicide or self-harm, call or text 988 to reach the 988 Suicide & Crisis Lifeline.

How to File a Marchman Act Petition in Palm Beach County

Each county handles filings through its clerk of court. In Palm Beach County, the steps look like this:

• Get the forms. The Clerk of the Circuit Court & Comptroller’s Self Service Center has a Marchman Act packet with the Petition and Affidavit for Involuntary Treatment Services and the required cover sheets.
• Line up a facility first. Find a licensed provider that accepts Marchman Act cases, confirm when it can take your loved one, and arrange payment. The court does not pay for treatment.
• Write specific, sworn facts. Describe what you have seen firsthand, sign only in front of a notary or deputy clerk, and attach a recent photo of your loved one for the sheriff. A professional assessment from the last 30 days can be attached if you have one.
• File and serve. File with the Unified Family Court department in person at a courthouse, by mail, or through the Florida e-filing portal, and ask the sheriff to serve the petition.
• Go to the hearing. It is scheduled within 10 court working days. You must attend and present the evidence, and petitioners are not given a court-appointed attorney.

The clerk’s self-service line at the main courthouse in West Palm Beach is 561-355-7048. Staff can help with forms but cannot give legal advice.

Balancing Rights and Protection

A major concern for families is whether the Marchman Act takes away someone’s freedom. The truth is, the law carefully balances civil liberties with the need for urgent care. It doesn’t allow anyone to drag a person off the street and force them into a facility without legal oversight. Instead, it creates a court-supervised framework where all sides are heard and evaluated.

The individual subject to the petition has the right to:

• Legal representation
• A formal hearing
• The chance to contest the claims
• Medical evaluation by professionals, not police officers

At the hearing, a judge listens to both sides and reviews the evidence before making a decision. They consider the severity of substance use, any threats made, the individual’s behavior, and whether the person has previously refused treatment. The court may also weigh input from medical professionals or family members. Only if the court believes the risk is genuine, and that intervention is medically necessary, does it proceed with an order. The petitioner must prove the case by clear and convincing evidence, and the court must consider whether a less restrictive option would work.

Florida’s Marchman Act is not about stripping freedom, but about preventing harm. When addiction has overridden a person’s ability to act in their interest, the law steps in with a temporary but powerful mechanism to protect them. That protection includes oversight, limits, and respect. It’s not permanent. But for many families, it offers the only real alternative to emergency rooms, arrests, or funerals.

How the Marchman Act Helps Families

Families watching a loved one unravel under the weight of addiction often feel lost, exhausted, and deeply isolated. Every conversation turns into a fight. Every promise gets broken. And every failed treatment attempt chips away at hope. That’s where Florida’s Marchman Act becomes more than a law. It becomes a lifeline for families on the edge.

Here’s how the Marchman Act transforms your ability to help:

• It gives you legal authority to act before tragedy strikes
• It involves doctors, judges, and treatment providers who can offer solutions
• It removes the constant emotional burden from your shoulders
• It protects your loved one without relying on criminal charges or hospitalization

Importantly, it offers structure and clarity. You no longer have to navigate treatment options in the dark. Instead, you work within a legal framework that includes defined timelines, oversight, and access to licensed facilities that accept Marchman Act cases.

The biggest emotional gift of the Marchman Act is that it replaces chaos with purpose. You stop reacting and start taking action, confident that the legal system and a professional care team will back you. Instead of feeling like you’re constantly on edge or waiting for disaster, you gain a sense of direction and control. Every step has legal and medical support behind it, giving your loved one a real chance at recovery. It also gives you the relief of knowing you’re no longer facing this alone.

What Happens After a Court Orders Treatment?

After the court orders treatment, selecting the right facility is crucial. Not every rehab is equipped for court-mandated care. Some may not understand the legal process, lack proper licensing, or fail to coordinate with the courts, creating unnecessary delays or complications. Treatment can be inpatient or outpatient, depending on what the assessment recommends. Planning for what comes after the order matters just as much, whether that is a partial hospitalization program or an outpatient program with aftercare.

Bright Futures Treatment Center in Boynton Beach offers drug rehab and alcohol rehab through partial hospitalization, intensive outpatient, and outpatient programs, with dual diagnosis care for co-occurring mental health conditions. If your family is weighing a petition or planning for what comes after one, our admissions team can talk through which level of care might fit. Call (844) 207-7772.

You’re Not Alone in This Fight

Addiction destroys not only the person using, but also the hope and stability of those who care about them. When someone you love is lost in substance use and refuses treatment, every day feels like a risk. Florida’s Marchman Act offers families the chance to act before it’s too late. It’s not about blame, but about saving lives. This law gives you access to the legal system to initiate urgent care, even when someone says “no” to help. Whatever you decide, you don’t have to work out the treatment side alone. Reach out to Bright Futures Treatment Center with your questions about care before or after a petition.

References

Florida Legislature. (2025). Florida Statutes § 397.675: Criteria for involuntary admissions. https://www.flsenate.gov/Laws/Statutes/2025/397.675

Florida Legislature. (2025). Florida Statutes § 397.6957. https://www.flsenate.gov/Laws/Statutes/2025/397.6957

Florida Legislature. (2025). Florida Statutes § 397.6975. https://www.flsenate.gov/Laws/Statutes/2025/397.6975

Florida Legislature. (2026). Florida Statutes § 397.697. https://m.flsenate.gov/Statutes/397.697

Florida Legislature. (2024). Florida Statutes § 397.68112. https://www.flsenate.gov/Laws/Statutes/2024/397.68112

The Florida Senate. (2024). Bill summary: CS/HB 7021, Mental health and substance abuse. https://www.flsenate.gov/Committees/DownloadBillSummary/3156

Palm Beach County Clerk of the Circuit Court & Comptroller. (2025). Self service packet #57: The Marchman Act. https://www.mypalmbeachclerk.com/home/showpublisheddocument/4232/639131595867170000

FAQs

How long does a Marchman Act last?

Under current law, an assessment order stays valid for 90 days, and the assessment itself generally happens within 72 hours of arriving at a licensed provider. A treatment order can last up to 90 days. If the person still meets the criteria, the petitioner can ask for renewals of up to 90 days each, filed before the current order ends.

Can a Marchman Act be dropped?

Yes. A judge can dismiss a petition that does not meet the legal criteria, and the person has the right to contest it with an attorney at the hearing. An assessment order that is not carried out within 90 days is dismissed, and a provider can discharge someone early once they no longer meet the criteria.

How much does a Marchman Act cost?

Palm Beach County’s clerk does not list a filing fee for the petition, though there are small charges for copies and notarizing. The bigger cost is treatment: the court does not pay for it, so families arrange payment with the provider, and insurance may cover part of it.

What is the difference between the Marchman Act and the Baker Act?

The Baker Act covers mental health crises and allows an involuntary examination when mental illness puts someone at risk. The Marchman Act covers substance use. If a judge in a Marchman case believes mental illness is the main problem, the court can start Baker Act proceedings instead.