Marchman Act Questions? Get Clear Answers from Robinson Casey

Does a Marchman Act expire? Yes. Under Florida law, a court can order involuntary substance abuse treatment for no more than 90 days. The order ends when the period expires unless a renewal petition is filed before the expiration of the court-ordered services period and granted. This page explains the time limits, how renewal and early release work, and what happens when a case ends. It is general information about Florida law, and your own facts can change the picture.

What Is the Duration of a Marchman Act in Florida?

The main limit is 90 days. A judge may order involuntary treatment for a period not to exceed 90 days, and only when the case is proved by clear and convincing evidence. Florida Statute § 397.697 sets that rule.

The Marchman Act is Florida’s involuntary treatment process for substance abuse. The petition must show a good-faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, under s. 397.675, and the court may order treatment only when the conditions for involuntary treatment services have been proved by clear and convincing evidence under s. 397.697. It must also show the person has lost self-control over substance use. The person must either need services they cannot see they need, or pose a risk of harm. Florida Statute § 397.675 lists these criteria.

Keep two clocks separate. The treatment order has its own 90-day limit. The steps before a hearing, such as an assessment order, have their own rules. We cover those below.

How Long Is a Marchman Act Good For?

A treatment order lasts up to 90 days. The earlier stages run on separate clocks.

Florida Statute § 397.679 sets that step. A provider may not hold the person for more than 72 hours of observation. Exceptions include a court granting more time after a hearing, withdrawal that needs treatment, and an observation period ending on a weekend or holiday. Florida Statute § 397.6818 sets those limits.

A court may issue or reissue an assessment order valid for 90 days when the respondent does not appear at the hearing and the court reasonably believes the commitment criteria and a substance abuse emergency exist. Florida Statute § 397.6957 requires the respondent’s assessment by a qualified professional within 72 hours after arrival at a licensed service provider, unless withdrawal or a medical need extends observation. Fla. Stat. § 397.6957 reads: “The respondent’s assessment by a qualified professional must occur within 72 hours after his or her arrival at a licensed service provider unless the respondent shows signs of withdrawal or a need to be either detoxified or treated for a medical condition, which shall extend the amount of time the respondent may be held for observation until such issue is resolved but no later than the scheduled hearing date, absent a court-approved extension.” If the person still has not been assessed within 90 days, the court must dismiss the case.

Can a Marchman Act Be Renewed or Extended?

Yes. A court can extend treatment for up to another 90 days. The renewal request must be filed before the current period ends.

Under Florida Statute § 397.6975, the service provider can file a renewal petition. The person who filed the first petition can also file. That petition must come with supporting documents from the provider. The court must schedule a hearing within 10 court working days, and no more than 15 days after filing.

If the petition is granted, the court may order up to 90 more days. If the conditions continue after that, a new renewal petition may be filed. Timing matters, because the petition must be on file before the period ends.

Can You Cancel a Marchman Act in Florida?

A treatment order can end early, but only under the statute’s release rules.

• The person no longer meets the criteria for involuntary admission and gives informed consent to move to voluntary treatment.
• The risk of harm that justified admission no longer exists, for a person who was admitted on grounds of likelihood of infliction of physical harm on himself, herself, or others.
• The person no longer needs treatment services.
• The provider’s director finds the person is beyond the provider’s safe management capabilities.

When a qualified professional finds the person eligible, the provider must discharge them right away. The provider must also notify the people the court named in the original treatment order.

What Happens When a Marchman Act Expires?

When the 90-day period ends, the person is discharged automatically. That happens unless a renewal motion has already been filed. Florida Statute § 397.6977 sets this rule.

Discharge planning must cover more than paperwork. The plan must document the person’s needs and how to meet them. At a minimum, it covers follow-up behavioral health appointments, how to get prescribed medications, living arrangements and transportation, and referral to recovery support.

Expiration doesn’t close the door on a new case. If the person again fits the criteria, a new petition can be filed. Under Florida Statute § 397.68111, a person may be the subject of a petition if they reasonably appear to meet the admission criteria. The same is true if they were placed under protective custody or had an emergency admission within the previous 10 days, or were assessed by a qualified professional within 30 days.

Who Pays for Treatment Under the Marchman Act?

The court can order treatment through a publicly funded provider. It can also order treatment through a privately funded provider. That happens when the person can pay, or when someone on the person’s behalf shows willingness and ability to pay. Florida Statute § 397.697 states both paths.

Costs can also be reduced for some petitioners. Under Florida Statute § 397.68112, the court may prohibit service of process fees, or a law enforcement agency may waive them, when a petitioner is indigent.

How a particular family’s costs add up depends on the facts of the case.

Can You Marchman Act Yourself?

No. The statute names who may file, and for an adult, the person who needs treatment is not on that list. Under Florida Statute § 397.68112, an adult petition may come from a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s impairment and treatment history. For a minor, a parent, legal guardian, or service provider may file.

The petition must also name the relationship between the person and the petitioner. Florida Statute § 397.68141 requires that detail, along with the factual reasons services are needed.

Understanding the Marchman Act Timeline

A Marchman Act case moves in stages, and each one has a clock. The petition comes first. In an emergency, the court can issue an ex parte assessment order based on the petition alone, without appointing an attorney. Florida Statute § 397.6818 allows that step.

Next comes the hearing. The respondent must be present unless the statute allows otherwise. The court hears all relevant evidence, and testimony is taken under oath. Florida Statute § 397.6957 governs the hearing. If the order is granted, it runs up to 90 days. Before it ends, the case is renewed or closes.

Two details often shape what happens next. The first is the clinical assessment. The report must reach the clerk by the close of business the day before the hearing. The second is the 90-day clock on assessment orders, described above.

Next Steps: Get Clarity on Your Situation

Start with the dates. Write down when the first order began, when its 90 days end, and whether a renewal petition is on file. That answers the core question: does a Marchman Act expire, and when.

If a family member is under a Marchman Act order now, the calendar may already be moving. Richard J. Casey III, Esq., is the lawyer at Robinson Casey, a Florida law firm focused on Marchman Act and guardianship matters for families in South Florida and statewide. The first consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4149 or use the contact page.