What to do when a family member has a problem with drugs or alcohol, and it seems they may be a danger to themselves? For residents of the state of Florida, there is the Marchman Act. The Marchman Act was implemented in 1993 by Hal S. Marchman to petition the courts for mandatory assessment, stabilization, and substance abuse treatment for those who are in need of services. Chapter 397 of the Florida Statutes outlines the Marchman Act as well as other substance abuse services. Licensed service providers, legal guardians, and individuals can file a petition for assessment. All Marchman Act cases are confidential.
Once a petition is filed with the Clerk’s Office, a hearing will be scheduled before a judge. The petitioner must provide evidence or witnesses to attest to the respondent’s substance abuse. The petitioner must also provide a clinical assessment completed by an approved licensed service provider or make arrangements to have one completed. At the hearing, the petitioner may request that the Court issue and order for assessment and stabilization. However, if an emergency exists, the petitioner may request the order in the petition.
If you are looking for more information about the Florida Marchman Act or for forms to file a petition, please visit our self-help center on the first floor of the courthouse. You can find other resources and information with the Florida Department of Children and Families, as well as the Substance Abuse and Mental Health Services Administration (SAMHSA) website. (https://www.samhsa.gov/)
Marchman Act vs. Baker Act
The Baker Act and the Marchman Act are Florida laws that allow for involuntary treatment for people who are a danger to themselves or others. The Baker Act is for people with mental health needs, while the Marchman Act is for people with substance abuse.
Baker Act
- Purpose: Allows for involuntary treatment for mental health
- Who can request: Family members or law enforcement
- When it can be used: When someone is a danger to themselves or others, or is refusing treatment
- What happens: The person may be held in a hospital for up to 72 hours for a mental health evaluation
- Rights: The person has the right to legal representation and a hearing within five days
Marchman Act
- Purpose: Allows for involuntary treatment for substance abuse
- Who can request: Family members or loved ones
- When it can be used: When someone is a danger to themselves or others, or is unable to manage their substance abuse
- What happens: The person may be required to undergo court-ordered residential treatment for about 90 days
- Rights: The person has the right to legal representation and a hearing within a few days