Marchman Act & Involuntary Commitment
Can You Involuntarily Commit Someone in Florida?
Yes. Florida law allows family members and healthcare providers to petition the court for involuntary commitment when someone's substance use creates an immediate threat to their health or safety.
By Richard J. Casey III, Esq. · Published October 01, 2026
Can You Involuntarily Commit Someone in Florida?
Yes—Florida law allows involuntary commitment when strict legal criteria are met. It is not automatic or based on family preference alone. Florida recognizes two primary pathways: the Baker Act for mental health crises, and the Marchman Act for substance use disorder. Both require a court hearing and evidence. Understanding which pathway applies to your situation is the first step toward helping your loved one.
If you're weighing whether involuntary commitment is the right step for someone you care about, families in your situation often benefit from talking through the legal pathway first—reach out to discuss your options. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
The Baker Act: Involuntary Mental Health Treatment
The Baker Act (Florida Statute § 394.463) allows involuntary examination when someone has a mental illness. It applies if they pose danger to themselves or others. It also applies if they cannot care for themselves due to mental illness.
Law enforcement, emergency medical personnel, judges, or mental health professionals can initiate a Baker Act hold. Unlike the Marchman Act, it is typically triggered by immediate crisis. A 911 call, emergency room visit, or police contact can start the process. The initial hold lasts up to 72 hours for evaluation and stabilization.
If longer commitment is needed, a court hearing must be held. The person has the right to legal representation and to contest the commitment. According to the Florida Department of Children and Families, the facility must provide written notice of rights. A hearing is required if commitment beyond 72 hours is sought.
The Marchman Act: Involuntary Addiction Treatment
The Marchman Act (Florida Statute § 397.675) is Florida’s law for involuntary commitment related to substance use disorder. Family members, healthcare providers, and interested parties can petition the court. The Marchman Act allows involuntary assessment, stabilization, and treatment.
Unlike the Baker Act, a Marchman Act petition is filed with the court. You do not call law enforcement. Instead, you file formal paperwork in the county where the person lives. The petition must include specific facts about substance use and how it harms their health, safety, or welfare.
A judge reviews the petition and may order the person to appear for a hearing. If the court finds the legal standard is met, it can order involuntary assessment and treatment. The Marchman Act is often used when someone refuses voluntary treatment. Addiction is causing serious harm. It is considered a last resort, not a first option.
How Do I Get Someone Involuntarily Committed in Florida?
For a mental health crisis: Contact emergency services (911), a crisis hotline, or visit an emergency room. Law enforcement or medical professionals can initiate a Baker Act hold. The person is transported to a receiving facility for evaluation.
For substance use disorder: File a Marchman Act petition with the court. Document specific facts—such as substance use, failed treatment attempts, and harm to health or safety. A hearing is scheduled. The judge decides whether to order involuntary assessment and treatment.
Both pathways require evidence meeting the legal standard. At the hearing, the person has the right to an attorney. They can present their side of the story. The court then decides whether involuntary commitment is appropriate.
What Is the Difference Between the Baker Act and Marchman Act?
| Baker Act | Marchman Act |
|---|---|
| Addresses mental health crises | Addresses substance use disorder |
| Initiated by law enforcement or medical professionals | Initiated by petition through the court |
| Focuses on danger to self or others, or inability to care for self | Focuses on addiction’s impact on health, safety, or welfare |
| Initial hold: typically 72 hours | Assessment and treatment ordered for specified periods |
| Immediate crisis response | Planned legal action |
What Happens After Involuntary Commitment?
The person is transported to a treatment facility for evaluation and stabilization. Within a specified time (typically 72 hours for a Baker Act hold), a hearing is scheduled. At the hearing, the person has the right to an attorney. They can hear the evidence and present their own evidence.
If the court finds the legal standard is met, treatment can be ordered for a specified period. The person is not held indefinitely. Commitment lasts only as long as necessary to address the crisis or begin treatment. The person retains rights and can petition for release if circumstances change.
Not sure what your next step is?
Talk it through with our team — the first consultation is free, confidential, and carries no obligation.
Can Someone Get Out of Involuntary Commitment?
Yes. The person can request a hearing to challenge the commitment at any time. They have the right to an attorney and to present evidence. The court will review whether the legal standard is still met.
If the standard is no longer satisfied—for example, if the person is no longer a danger to themselves or others—the person may be released. If they are no longer unable to care for themselves, release is also possible.
Frequently Asked Questions
Who can file a Marchman Act petition in Florida?
Family members, healthcare providers, and other interested parties can file a Marchman Act petition. You do not need to be a lawyer to file. However, an attorney can guide you through the process. They ensure the petition includes facts the court needs to make a decision.
What if someone refuses to go to treatment after a Baker Act hold?
If someone is held under a Baker Act and refuses voluntary treatment after 72 hours, the facility can petition the court for involuntary placement. A hearing will be held. The court will decide whether to order continued treatment.
How long does involuntary commitment last?
A Baker Act hold is typically 72 hours. Longer commitment requires a court order. A Marchman Act assessment typically lasts up to five days. Longer treatment requires a court order after a hearing. The length depends on the person’s condition and treatment progress.
Do I need a lawyer to file a Marchman Act petition?
You can file a petition without a lawyer. However, an attorney can help ensure the petition is complete, accurate, and persuasive. Legal representation also helps you understand your rights and what to expect at the hearing.
When to Reach Out for Guidance
If you’re considering involuntary commitment for a family member, speaking with an attorney can clarify your options. Families often reach out when uncertain whether their situation meets the legal standard. They also contact us when they need help filing a Marchman Act petition and preparing for a hearing.
Robinson & Casey handles Marchman Act petitions and guardianship matters for families across South Florida and statewide. We can explain the process, help you gather documentation the court needs, and represent you at a hearing.
If you’re deciding whether involuntary commitment is right for your loved one, contact us for a consultation. Call (561) 849-4149 to speak with our team. People navigating this decision reach out regularly, and we’re here to help you understand your legal options.
Time Matters
Involuntary commitment proceedings move quickly in Florida. If you believe someone is in immediate danger due to substance use, contacting an attorney right away helps ensure the petition is filed correctly and the court has all necessary information.
Types of Involuntary Commitment in Florida
Marchman Act Petition
Filed when someone's substance abuse poses a threat to their health, safety, or welfare. The court can order assessment, treatment, and placement in a residential facility.
Emergency Temporary Commitment
A short-term hold (up to 5 days) that allows time for a full hearing. Useful when immediate intervention is necessary while the petition process moves forward.
Extended Involuntary Commitment
Following a court hearing, the judge may order longer-term commitment and treatment if the evidence supports it. Duration depends on the specific circumstances and the court's findings.
How Robinson & Casey Can Help
Petition Preparation
We prepare and file Marchman Act petitions with the facts and legal grounds the court requires to grant involuntary commitment.
Emergency Response
When immediate action is needed, we move quickly to file emergency temporary commitment petitions and represent you at urgent hearings.
Court Representation
We appear on your behalf at all hearings, present evidence, and advocate for the commitment and treatment orders that protect your loved one.
Guidance Through the Process
We explain each step—from filing through hearing to treatment placement—so you understand what to expect and what happens next.
Who Can File for Involuntary Commitment?
Family Members
Parents, spouses, adult children, and other relatives can petition the court for involuntary commitment based on substance abuse that threatens health or safety.
Healthcare Providers
Physicians, mental health professionals, and treatment facilities can file petitions when they observe substance use creating an immediate threat.
Other Interested Parties
In some cases, law enforcement, social services, or others with direct knowledge of the threat may initiate the process.
With or Without an Attorney
You do not need a lawyer to file, but an attorney ensures the petition includes the facts and legal language the court needs to act.