When a Loved One Is in Crisis, Know Where Florida Law Stands

The Short Answer: Yes, but Only Within Limits

Yes, but only within limits. Under Florida law, an emergency room can hold a person for emergency assessment and stabilization if the person meets the criteria for involuntary admission and the facility receives a certificate, specific to substance abuse impairment, from a qualifying professional and completes an application for emergency admission. A longer hold for addiction treatment needs a court process. A longer hold for addiction treatment needs a court process.

Fla. Stat. § 397.679 allows a person who meets the criteria for involuntary admission in s. 397.675 to be admitted for emergency assessment and stabilization to a hospital, a licensed detox facility, or an addictions receiving facility, or to a less intensive component of a licensed service provider for assessment only. The admission needs a certificate, specific to substance abuse impairment, from a physician, an advanced practice registered nurse, a psychiatric nurse, a clinical psychologist, a clinical social worker, a marriage and family therapist, a mental health counselor, a physician assistant working under the scope of practice of the supervising physician, or a master’s-level-certified addictions professional. It also needs a completed application for emergency admission.

A short ER stay is not the same as a court order for treatment. Families who understand that difference can ask better questions while the person is still in the building.

This page covers the legal criteria, what the hospital can and cannot do, when police get involved, how a petition works, and what happens after an emergency hold ends. It is written for families in Miami-Dade, across South Florida, and elsewhere in the state.

What Is the Marchman Act?

The Marchman Act is Florida’s law for assessing, stabilizing, and treating people with substance abuse impairment. It is separate from the law that governs mental illness.

The Legislature wrote the chapter to provide a range of services in the least restrictive setting. The stated goal is long-term recovery while protecting and respecting people’s rights. Fla. Stat. § 397.305 states that purpose.

The Florida Department of Children and Families explains that a significant risk to oneself or others from substance abuse impairment can be a reason for referral for involuntary assessment and stabilization. Florida Department of Children and Families, Marchman Act treatment information describes this process.

Many families use the name “Marchman Act” to mean any court-ordered rehab. That is not quite right. The Marchman Act has a specific list of steps, and each step has its own rules.

The Criteria for Holding Someone in Florida

A person meets the criteria for involuntary admission when there is a good faith reason to believe they are substance abuse impaired. The criteria also cover a substance use disorder that comes with a co-occurring mental health disorder. Because of that impairment, the person must have lost the power of self-control with respect to substance use. Florida law sets out the criteria for involuntary admission based on substance abuse impairment.

The second part has two paths. The first path is a need for substance abuse services, combined with judgment so impaired by substance abuse that the person cannot appreciate that need or make a rational decision about it, although mere refusal to receive such services does not by itself show a lack of judgment. They also cannot make a rational decision about it.

The second path is a likelihood of neglect or refusal of self-care. That neglect must pose a real and present threat of substantial harm. Help from willing, able, and responsible family or friends must not be apparent. A substantial likelihood of self-harm or harm to someone else also meets this path.

Mere refusal to accept services does not, by itself, show lack of judgment. A person can say no to help and still be an adult with the right to decide.

Whether these criteria are met depends on the facts of each person’s situation. A doctor’s note, a police report, and a family member’s account can all matter. Families should describe specific events, dates, and behavior, not general worries.

Can a Florida Hospital Refuse Treatment?

A hospital’s first job in an emergency is medical care. It can evaluate and stabilize a person who is intoxicated or overdosing. That medical care is short and focused on the emergency itself.

Longer addiction treatment is a different step. A hospital cannot keep a person for that treatment on its own authority.

The first is when the person has consented to stay voluntarily. The second is when a petition for involuntary assessment or treatment has been started. Filing that petition on time lets the provider keep physical custody until the court rules.

Once the hospital releases someone, the release must follow the rules too. Fla. Stat. § 397.6758 says a qualified professional must make the release. It also requires notice to the applicant in an emergency admission. This is why families often ask what happens next.

Baker Act or Marchman Act: Which Law Covers Drug Use?

The Marchman Act covers substance abuse impairment. The Baker Act covers mental illness. The Highlands County Clerk of Court explains the Baker Act’s involuntary examination process in its Baker Act information.

Some people have both problems at once. Florida’s Marchman criteria include a substance use disorder with a co-occurring mental health disorder. So a single case can raise questions under both laws.

Which law applies turns on the facts presented to the facility and the court. A petition that describes drug use, alcohol use, and the resulting impairment points toward the Marchman Act. A petition that centers on a mental illness points toward the Baker Act.

Families sometimes assume the label on a form settles the question. It does not. The description of the person’s condition and their behavior is what matters most. That is why accurate, specific details help.

Can the Hospital Call the Police?

Police can take a person into protective custody under certain conditions. Fla. Stat. § 397.677 says an officer may act when a minor or adult appears to meet the involuntary admission criteria. The trigger is that the person is brought to the officer’s attention or is in a public place.

This is different from an ER choosing to hold someone. A police officer’s protective custody comes from the officer’s role under the statute. An ER’s emergency admission comes from a certificate and application under the admission statute.

Families can also start the emergency process. Fla. Stat. § 397.6791 lists who may request a certificate for an adult. The list includes a qualifying professional, a spouse or legal guardian, any relative, or another responsible adult with personal knowledge of the substance abuse impairment.

When an officer or staff member is involved, ask a simple question. Ask which legal authority is being used and what paperwork exists. Write down the answer, the name of the person you spoke with, and the time.

How the Petition and Hearing Process Works

A Marchman Act petition is filed with the clerk of the court in the county where the person is located. Fla. Stat. § 397.681 also says the clerk may not charge a fee to file the petition. The alleged impaired person is named as the respondent.

Location matters. Under Fla. Stat. § 397.681(1), a petition for involuntary treatment must be filed with the clerk of the court in the county where the person is located. As the appellate court explained in J.P. v. J.N., however, filing the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.

Florida law sets out who may file a petition for involuntary treatment services.

It says such petitions must be filed with the clerk of the court in the county where the person is located. Vague claims are not enough.

The right to counsel is in § 397.681. The Second District has also held that the right rests on due process, in Hillsborough County v. Albrechta.

No one can predict how a particular hearing will end. The court decides based on the record in that case.

What Happens After the Emergency Hold Ends

Within 72 hours after an emergency admission to a hospital, the person must be assessed by the attending physician, and then a qualified professional must either release the person, referring them to needed services, or retain them. A petition filed on time can keep the person in care while the court reviews the case. Without a petition or the person’s consent, the hold cannot continue.

If the court finds the criteria proved by clear and convincing evidence, it may order involuntary treatment services. Fla. Stat. § 397.697 says that order may last no more than 90 days. A renewal may be requested before the 90 days end, if the conditions still exist.

Timing matters. The 72-hour and 5-day assessment windows in § 397.6797 apply to the first stage. Missing a step can change what the facility is allowed to do.

Families can prepare now. Gather medical and treatment records, including any prior assessments. Write down the name of the treatment provider and the contact person. Keep a dated timeline of incidents, including the date, place, and what was seen or said.

A lawyer can help sort out which steps apply and when. Acting early leaves more room for careful planning.

What to Do If Someone Is in the ER Right Now

Start by asking the attending physician or discharge planner two questions. What is the medical plan? Is there a legal hold in place, and if so, under which law?

Write down names, times, and the stated reason for any hold. Keep copies of every form the family receives. The admission process depends on a certificate and an application, so those papers matter.

Remember the person’s own voice. A patient who consents to stay voluntarily is treated differently under the statute than one who does not. Fla. Stat. § 397.6797 includes that consent rule.

Be careful about signing anything you do not understand. Ask for a plain explanation. Ask what the document means, what it commits the family to, and what happens if you decline to sign.

Stay calm and keep communication open. Families who write things down tend to have a clearer picture when the next decision comes.

Talk Through Your Situation with Robinson Casey

If you are weighing a Marchman Act petition for someone in the emergency room, you do not have to decide alone. The situation is stressful. A hold may or may not be lawful, and the decisions can feel urgent and unplanned.

Robinson Casey focuses on Marchman Act petitions and guardianship matters. Richard J. Casey III, Esq. is the responsible lawyer for this page. Our team can help you understand the specific facts of your situation and the options under Chapter 397.

The first consultation is free, confidential, and carries no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso). You can reach us at (561) 849-4149 or request a consultation.

For more on involuntary commitment for addiction in Florida, read our involuntary commitment guide.