Marchman Act Length in Florida: How the Phases Add Up

How long does a Marchman Act last in Florida? There is no single number. A case moves through separate phases, and each phase has its own time limit. The first court-ordered treatment can last up to 90 days, and renewal can add more. The total depends on the facts and on what the court orders. This page walks through each phase in order, so you can see how the time limits add up.

The Short Answer: A Marchman Act Is Not One Fixed Period

A Marchman Act case is a series of steps, not one fixed term. Each step has its own limit. Florida’s Marchman Act allows involuntary assessment, stabilization, and treatment for adults and youth who are severely impaired by substance abuse, according to the Florida Department of Children and Families. The steps follow a clear order. First comes a short observation period. In emergencies, the court may enter an ex parte order for the respondent’s involuntary assessment and stabilization before the hearing, without appointing an attorney; otherwise a hearing comes first, and if the court agrees, an assessment and a treatment order follow. After that come renewal, early discharge, or automatic discharge. The sections below follow that order.

Who Can File a Marchman Act Petition in Florida?

For an adult, a petition can be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse and prior treatment. For a minor, a parent, legal guardian, or service provider may file. See Fla. Stat. § 397.68112.

The petition must show the person reasonably appears to meet the criteria for involuntary admission. Those criteria include losing self-control over substance use and having judgment so impaired that the person can’t see the need for help. See Fla. Stat. § 397.675.

Where the petition is filed matters. However, in J.P. v. J.N., the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.

See Fla. Stat. § 397.68151. In Hillsborough County v. Albrechta, a Florida appeals court held that a respondent has a constitutional right to counsel in these cases. Under Fla. Stat. § 397.68151, the court must first decide whether the respondent has a lawyer or should be given one.

The petition starts the process. Several deadlines below run from the day of filing or from the day the court acts.

Assessment and Stabilization: The First Phase

The first phase is short. A service provider may hold a respondent for no more than 72 hours of observation. See Fla. Stat. § 397.6818. There are exceptions. On the service provider’s motion under Fla. Stat. § 397.6957(1)(c), a court can grant more time after a hearing. A person showing signs of withdrawal, or needing detox or medical care, can be held until that issue is resolved. That hold can’t run past the scheduled hearing date without court approval. If the observation period ends on a weekend or holiday, the provider may hold the person until the next court working day.

If the petition claims an emergency, the court may rely on the petition alone. It can then enter an order for assessment and stabilization. That order must be carried out while the hearing is pending. An order not carried out by the first hearing date is void.

The court must schedule the hearing within 10 court working days unless a continuance is granted; the general scheduling rule is in Fla. Stat. § 397.68151. See Fla. Stat. § 397.68151.

If the person is still unassessed after 90 days, the court must dismiss the case. See Fla. Stat. § 397.6957.

At the hearing, the court considers relevant evidence. That includes testimony from family members who know the person’s history. Testimony is taken under oath and recorded. Write down dates and events before the hearing.

Court-Ordered Involuntary Treatment: How Long It Can Last

A court can order involuntary treatment for up to 90 days. The conditions must be proved by clear and convincing evidence, which is a high standard. See Fla. Stat. § 397.697. The law caps the period at 90 days, so the order can be shorter.

It also keeps jurisdiction over the case. It can monitor treatment and start contempt proceedings for violating a valid order.

Here is a point many families miss. Time spent in observation and assessment comes first. So the total time from custody can run longer than 90 days.

Extensions, Review Hearings, and Early Discharge

The treatment period can be extended, but only through a renewal petition filed before the current period ends. The court must schedule a hearing within 10 court working days unless a continuance is granted. That hearing must be held no more than 15 days after the petition is filed.

If the court grants renewal, it may order up to an additional 90 days. If the conditions still exist after that, a new renewal petition can be filed. See Fla. Stat. § 397.6975.

A person can also leave before the period ends. Florida law allows an individual receiving involuntary treatment services to be determined eligible for early discharge in specified circumstances, at any time before the 90-day involuntary treatment services period ends. The person no longer meets the criteria and agrees to voluntary treatment. The risk of physical harm no longer exists. Or the person no longer needs treatment. A qualified professional makes that call. The provider must then discharge the person right away and notify the people named in the court order.

Marchman Act and Baker Act Timelines Are Different

The Baker Act is a separate Florida law that covers mental health commitment. It has its own timelines, which are not the same as the Marchman Act’s. Families often mix the two because both can involve holding someone against their wishes. This page covers only the Marchman Act, which applies when substance use impairment is the issue. Use the 72-hour and 90-day figures above only for a Marchman Act question. For the broader framework, see our Marchman Act attorney page.

What Happens After Court-Ordered Treatment Ends

When the court-ordered period ends, the person is automatically discharged. That happens unless a renewal motion was filed with the court. See Fla. Stat. § 397.6977.

Discharge planning must cover several things. These include follow-up behavioral health appointments, how to get prescribed medications, living arrangements and transportation, and referral to recovery support. Ask what the discharge plan covers, and write the answers down.

For more on the period after an order ends, read the Marchman Act aftercare guide. Our other supporting pages cover early release from court-ordered rehab and families whose loved one lives in another state.

Talk With Robinson Casey About Your Family’s Timeline

If someone you love is in crisis, you’re probably tired and trying to make sense of dates you didn’t choose. You may be asking, how long does a Marchman Act last in Florida, while a loved one’s future is on the line. The dates in your family’s case decide how each phase applies.

The firm serves families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page.

Your first consultation is free, confidential, and comes with no obligation to continue. Call (561) 849-4149 or request a consultation through the contact page.