What Is the Marchman Act in Florida? Key Questions Answered

Posted on October 28th, 2025

Addiction doesn’t just pull one person down; it drags families with it. Many feel stuck between wanting to help and having no idea how.

That’s when some turn to the Marchman Act, a Florida law that can step in when love and patience aren’t enough. It’s not about punishment; it’s about finding a way forward when everything feels like it’s falling apart.

If you’ve ever felt powerless watching someone you care about spiral, you’re not alone. The Marchman Act gives families a way to act before it’s too late, and figuring out how it works can make all the difference.

What Is the Marchman Act?

The Marchman Act, formally known as The Hal S. Marchman Alcohol and Other Drug Services Act of 1993, is Florida’s legal route for families trying to help someone lost in addiction. It was created to fill a gap that left many relatives feeling helpless when a loved one refused treatment.

The law allows the court to step in, assess the situation, and, if necessary, order detox or rehab for someone whose substance use has reached a dangerous point. Its focus is on treatment, not punishment, which makes it one of the more compassionate measures in Florida’s legal system.

Before the Act existed, families had few options besides waiting for a crisis. Traditional legal channels weren’t designed to address addiction specifically, leaving people stuck between concern and inaction. The Marchman Act changed that by introducing a structured way to request help through the courts. It provides families and even close friends the power to petition for intervention when voluntary treatment isn’t working or has been refused altogether.

At its core, the law is built on two ideas: safety and second chances. It recognizes that substance dependency is an illness, not a moral failure, and that early action can save both lives and relationships. By offering a clear process for assessment and stabilization, it turns what could be an emotionally chaotic situation into something more manageable. Courts don’t simply hand down orders; instead, they take their time to analyze evidence, consider the individual’s condition, and make sure that treatment plans align with the goal of recovery.

The Marchman Act also highlights how deeply Florida’s lawmakers understood the emotional toll of addiction. They aimed to balance compassion with accountability, giving families a practical tool instead of leaving them to navigate endless uncertainty. The process itself can be challenging, but the intention behind it is simple: protect the person at risk and restore stability to those who care about them.

Ultimately, the Act stands as more than a legal document—it’s a reflection of how the system can work with families rather than against them. For anyone facing the painful reality of addiction in their household, knowing this option exists can bring a measure of hope. Learning about how it operates is the next step toward turning that hope into action.

The Marchman Act Petition Process

Filing a Marchman Act petition can feel overwhelming, especially when emotions are already running high. The process might sound complicated at first, but it follows a clear structure that gives families a way to act when someone’s substance use has become dangerous. Each step exists to balance the individual’s rights with the family’s concern for safety and recovery.

To begin, a petitioner must provide a sworn affidavit describing recent behavior that shows the person has lost control due to substance use. This document needs to be specific, citing real examples of risky or harmful conduct. The petitioner also has to explain their relationship to the individual, such as being a parent, spouse, or sibling, to confirm legal standing. Once submitted, the court reviews the affidavit privately to determine if the situation meets basic criteria for further review. If it does, the judge issues an order for the person in question to appear in court.

Here’s what the process generally looks like:

1. Filing the petition: Submit a written affidavit describing the individual’s behavior, recent substance use, and the danger it poses. Include your relationship to the person.

2. Court review: A judge evaluates the petition and decides if the claims are strong enough to move forward.

3. Initial order: If the evidence seems credible, the court issues an order requiring the individual to attend a hearing.

4. Court hearing: Both sides present information. The petitioner shares documentation or testimony showing why assessment or stabilization is necessary.

5. Evaluation period: If the court agrees that intervention is justified, it may order up to five days of involuntary assessment and stabilization.

6. Treatment decision: Based on the evaluation results, the court can either release the person or order extended treatment if serious risk remains.

Each phase demands precision and emotional balance. Judges rely heavily on credible details, such as medical records or firsthand accounts, to verify the urgency of the case. Family unity also plays a major role; conflicting testimonies can weaken a petition. Even when relatives disagree or the person in question resists help, staying focused on health and safety keeps the case strong.

The process isn’t easy, but it’s built to protect everyone involved. Knowing the steps ahead of time and working with legal professionals familiar with the Marchman Act can turn a stressful experience into a structured plan for change. With the right preparation, families can approach the situation with clarity and confidence instead of fear.

Frequently Asked Questions About The Marchman Act in Florida

Families often turn to the Marchman Act when every other option has failed, but the legal details can feel like a maze. Questions about rights, timelines, and outcomes come up constantly. Both the person struggling with addiction and the petitioner have specific rights under this law, and knowing them early on helps prevent confusion when emotions run high.

For the individual entering treatment, the law guarantees the right to legal representation during hearings and to keep personal case details confidential. They also have a voice in shaping their treatment plan, ensuring they remain part of the recovery process, not just a subject of it. On the other side, petitioners—often parents, spouses, or close relatives—hold the right to request immediate court involvement if they believe someone’s life or safety is at risk. They can present evidence, call witnesses, and play an active role in moving the case forward.

The court’s timeline follows a relatively steady rhythm. After filing the petition, a brief review period leads to an initial hearing, typically within ten days. During that time, the court decides whether temporary custody for evaluation is warranted. If granted, the person may be held for up to five days for assessment and stabilization.

When professionals recommend extended care, the judge can approve treatment for up to 60 days, with the option to renew it if progress is slow or relapse risk remains high. Each step reflects a careful balance between urgency and fairness, giving families hope while protecting the individual’s rights.

While every case is unique, a few common questions tend to come up:

What does the Marchman Act actually do?
It allows families or loved ones to petition the court to require assessment and treatment for someone whose substance use has become dangerous to themselves or others.

Can someone refuse treatment under the Act?
They can object during court hearings, but if the judge finds enough evidence of risk, treatment can still be ordered involuntarily.

How long can the court-ordered treatment last?
An initial order can cover up to 60 days, and it may be extended if doctors and the court agree that continued treatment is necessary.

Does the person have legal rights during the process?
Yes. They can have an attorney, maintain confidentiality, and participate in treatment planning.

Can the case end early?
Yes, if evaluators determine the person has regained stability or no longer poses a danger, the court can terminate the order before the treatment period ends.

Being familiar with these details helps families approach the process with confidence, knowing the law is designed not just to intervene but to protect, support, and rebuild lives.

Take Control Of Your Loved One’s Recovery Journey With Law Office of Laurence S. Scher P.A.

Dealing with a loved one’s addiction can feel overwhelming, but the Marchman Act gives families a structured, compassionate way to take meaningful action. It’s not just a legal tool; it’s a bridge between crisis and recovery, helping loved ones get the care they need while ensuring their rights remain protected.

The Law Office of Laurence S. Scher, P.A. provides clear guidance for families ready to take that next step. Our approach combines extensive legal knowledge with empathy, focusing on what matters most: your family’s safety, dignity, and long-term healing. We handle every phase of the Marchman Act process with precision and respect, so you can move forward with confidence.

Take control of your loved one’s recovery journey—discover compassionate, expert legal guidance and get the help you need to navigate the Marchman Act in Florida with confidence today.

To speak directly with our team, use this contact form. We’re here to help you turn a difficult situation into a path toward recovery and renewed hope.