Florida Involuntary Commitment: Who Qualifies?
Watching someone you love drink or use drugs in ways that put them in danger is frightening. You may be asking whether a Florida judge can order them into treatment. For substance use, the answer comes from the Marchman Act. A court can order involuntary treatment when there is good faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, and because of that has lost the power of self-control with respect to substance use; and either can’t judge their need for services, or is likely to neglect themselves in a way that poses a real and present threat of substantial harm that cannot be avoided through the help of willing, able, and responsible family members or friends or other services, or there is a substantial likelihood that the person has inflicted, threatened or attempted physical harm on themselves or another, or, unless admitted, is likely to inflict it.
This guide walks through each step. For the full process, read our involuntary commitment for addiction guide.
The short answer: Florida’s addiction commitment standard
Florida uses a two-part test for addiction commitments. The person must lose self-control over substance use, and one of two follow-on tests must also be met. The core rule is in Fla. Stat. § 397.675, and its current text reflects 2024 amendments.
To start a petition for involuntary treatment services, the petitioner needs a good faith reason to believe the criteria in Fla. Stat. § 397.675 are met. See Fla. Stat. § 397.6957.
What counts as a substance use impairment
Florida law calls a person “impaired” when substance use causes mental, emotional or physical problems, or socially dysfunctional behavior. The definition covers alcohol, illicit or prescription drugs, and other mood-altering substances. See Fla. Stat. § 397.311.
A related term also matters. “Incompetent to consent to treatment” describes judgment so affected by substance impairment that the person cannot make a well-reasoned, knowing decision about treatment.
The Florida Department of Health describes substance use disorder as a disease.
Marchman petitions center on substance use. If a mental health condition is also present, the statute still covers a substance use disorder with a co-occurring mental health disorder.
The criteria: loss of self-control, inability to decide, and risk of harm
The first requirement is loss of self-control with respect to substance use. Then the person must meet one of two tests.
The first test covers someone who needs services but cannot see that need or make a rational choice about it. Impairment has clouded their judgment. The statute adds that mere refusal to get services is not evidence of lack of judgment.
The second test covers someone who, without care, is likely to neglect themselves in a way that poses a real and present threat of substantial harm. It must not be apparent that this harm can be avoided through the help of willing, able and responsible family or friends, or other services. The test also applies when there is substantial likelihood that the person has inflicted, threatened or attempted physical harm on themselves or another, or, unless admitted, is likely to inflict it. See Fla. Stat. § 397.675.
Families often assume a refusal settles the question. A judge looks at impaired judgment, not just a “no.”
Picture a relative who drives after drinking most nights and has already crashed a car this year. That history bears on the harm test. A court still has to weigh the facts presented. A court, not the family, decides whether the criteria are met.
Who can file a petition and how the petition is completed
For an adult, a petition can be filed by the respondent’s spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment. See Fla. Stat. § 397.68112.
The petition must name the person and the petitioner. It must state their relationship and give the factual reasons for believing the person is impaired, that because of the impairment the person has lost self-control over substance use, and either that the person has inflicted or is likely to inflict physical harm on themselves or others unless the court orders services, or that their refusal of care rests on judgment so impaired by substance abuse that they cannot appreciate their need for care or make a rational decision about it. See Fla. Stat. § 397.68141. It may include a report from a qualified professional who examined the person within 30 days before filing. If the person was never assessed, or refused, the petition must say so.
Petitions are filed with the clerk in the county where the person is located, and the clerk may not charge a filing fee. See Fla. Stat. § 397.681. Location at filing matters. In J.P. v. J.N., the court stated: “However, the filing of the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction.”
A petition that does not show a good faith reason to believe the criteria are met cannot support an ex parte order. In D.H. v. K.J.R., the court stated: “petition did not establish a good faith reason to believe D.H. met the statutory criteria for involuntary assessment and stabilization, the trial court erred in entering the ex parte order.”
Marchman Act or Baker Act: which law applies
The Marchman Act covers substance use impairment. The Baker Act covers mental illness. Each has its own criteria.
Under Fla. Stat. § 394.463, a person may be taken for involuntary examination if there is reason to believe the person has a mental illness and, because of that illness, meets the criteria below. That applies when the person refuses voluntary examination or cannot decide whether one is needed. The person must also either be likely to neglect self-care in a way that poses a real and present threat of substantial harm, and it must not be apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services; or there must be a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others in the near future, as evidenced by recent behavior.
Mental illness alone does not meet the Marchman test, which requires substance use impairment. When both conditions appear, the Marchman statute covers a substance use disorder with a co-occurring mental health disorder. If a judge believes a mental illness meets Baker criteria during a Marchman hearing, the court may start Baker proceedings. See Fla. Stat. § 397.6957.
What happens after a petition is filed
After a petition is filed, the court decides whether the person needs a lawyer. It must set a hearing within 10 court working days unless it grants a continuance. See Fla. Stat. § 397.68151.
The person has a right to counsel at every stage of the judicial proceeding, though they may waive it if they are present and the court finds the waiver is knowing, intelligent, and voluntary. Someone who cannot afford a private lawyer can receive a court-appointed one. See Fla. Stat. § 397.681. A Florida appeals court has held that a Marchman respondent has a due process right to counsel. See Hillsborough County v. Albrechta.
If an emergency order issues, a provider generally may not hold the person for more than 72 hours of observation, unless the statute allows more time. See Fla. Stat. § 397.6818.
The petitioner must carry the case.
If the court finds the criteria proved, it may order treatment for up to 90 days. If the conditions justifying treatment are expected to exist after 90 days, a renewal can be requested before that period ends. See Fla. Stat. § 397.697.
Quick answers to common questions
Who can file a Marchman Act petition for an adult in Florida? A spouse or legal guardian, any relative, a service provider, or an adult who has direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment can file.
How long can a court-ordered treatment last? An order can run up to 90 days. If the conditions justifying treatment are expected to exist after 90 days, a renewal can be requested before that period ends.
Talking through your loved one’s situation with Robinson Casey
Deciding what to do about a loved one’s drinking or drug use is hard, especially after a dangerous moment. You may be making decisions fast, with little sleep and few clear answers. You don’t have to work out the legal steps alone.
Robinson Casey focuses on Marchman Act petitions and guardianship matters, serving families across South Florida and statewide. Richard J. Casey III, Esq. is the responsible lawyer for this page. The initial consultation is free, confidential, and without obligation to continue. La consulta inicial es gratuita, confidencial y sin compromiso de continuar.
Call (561) 849-4149 or use the contact form to talk through the facts of your situation.