How Long Can Someone Be Held Under Florida's Marchman Act?

Short Answer: The Marchman Act Has Separate Time Limits for Each Stage

There is no single number. How long someone can be held under Florida’s Marchman Act depends on the stage.

An emergency admission includes an assessment within 72 hours at a hospital or detox facility, § 397.6797. A court-ordered treatment period can last up to 90 days, under § 397.697.

These stages are separate. A person can be in emergency care, waiting on a court hearing, or under a court order. Each stage has its own rules, so knowing which one applies tells you which clock is running.

The Legislature amended this chapter in 2024 and 2025. Older articles online may list different rules. The current statutes are on the Florida Legislature statute site.

What the Marchman Act Is and Who Can Be Affected

The Marchman Act is Florida’s process for getting a person with a substance use problem assessed and treated. It can apply even when that person does not agree.

The statute lists criteria a court or authorized professional must consider. There must be 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 that because of it they have lost the power of self-control over substance use and also either (a) need substance abuse services but their judgment is so impaired that they cannot appreciate that need or make a rational decision about it (mere refusal of services is not evidence of this), or (b) without care or treatment are likely to suffer from neglect or refuse to care for themselves in a way that poses a real and present threat of substantial harm that does not appear avoidable through willing, able, and responsible family members or friends or other services, or there is a substantial likelihood they have inflicted, threatened or attempted to inflict, or, unless admitted, are likely to inflict physical harm on themselves or another, as stated in § 397.675.

The statute then looks at need and risk. The person may be unable to see their need for help or make a rational choice about it. Or they may be likely to neglect themselves, posing a real and present threat of substantial harm that cannot apparently be avoided through the help of willing, able, and responsible family members or friends or the provision of other services. Physical harm to self or others can also meet the test if there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.

One point people often miss: the statute says simply refusing services is not, by itself, proof of poor judgment.

Adults and minors can both be affected. For a minor, the request comes from a parent, legal guardian, or legal custodian.

Emergency Admission: The Initial Hold

An emergency admission lets a hospital, detox facility, or addictions receiving facility hold a person for emergency assessment and stabilization. It requires a professional’s certificate and a completed application, under § 397.679.

A qualified professional signs the certificate. The certificate must be specific to substance abuse impairment. It must state that the person was examined and assessed within the preceding 5 days after the application date, per § 397.6793.

For an adult, the request can come from a professional, a spouse or legal guardian, any relative, or any responsible adult who knows the person’s impairment, per § 397.6791.

A common mistake is assuming the certificate never expires. If less restrictive options aren’t available, a law enforcement officer must take the person into custody and deliver them for assessment.

After admission, the clock starts. At a nonresidential program, a qualified professional must assess within 5 days, per § 397.6797.

After that assessment, the person is released with referrals, or kept. They can be kept if they agree to stay, or if a petition is filed on time. A timely petition lets the provider keep custody until the court rules.

Involuntary Assessment and the Court Hearing

After a petition is filed, the court must schedule a hearing within 10 court working days, unless a continuance is granted, per § 397.68151.

The clerk may not charge a filing fee for it, under § 397.681. Location matters. Under Fla. Stat. § 397.681(1), an involuntary treatment petition for a substance abuse impaired person must be filed with the clerk of the court in the county where the person is located.

The person named in the petition, called the respondent, has a right to counsel at every stage, though the respondent may waive it if present and the court finds the waiver knowing, intelligent, and voluntary. The court must appoint a lawyer if it believes the respondent needs or desires counsel, whatever the respondent wants. Copies of the petition and hearing notice go to the respondent, their attorney if known, the petitioner, a minor’s parent, guardian, or legal custodian, a spouse or guardian if applicable, and any other person the court directs.

The respondent may waive the right to counsel if present and the court finds the waiver knowing, intelligent, and voluntary, per § 397.681.

The petitioner must prove by clear and convincing evidence that the respondent is substance abuse impaired and has a history of lack of compliance with treatment for substance abuse, along with further required elements, including that the respondent’s refusal of voluntary care is based on judgment so impaired by substance abuse that the respondent cannot appreciate the need for care or make a rational decision about it, per § 397.6957. The court reviews the assessment results along with other evidence before deciding on treatment.

Court-Ordered Treatment, Extensions, and When It Ends

If the court orders treatment, the order can last up to 90 days, under § 397.697. The court keeps authority over the case afterward. It can monitor compliance and start contempt proceedings for violating a valid order.

A renewal may be requested under § 397.6975 before the 90-day period ends. Hearings may be set by motion of the parties or on the court’s own authority; for renewal hearings, § 397.6975 requires a hearing within 10 court working days, no more than 15 days after filing. Fla. Stat. § 397.6975 reads: “The hearing is conducted pursuant to ss. 397.6957 and 397.697 and must be held before the circuit court unless referred to a magistrate.” The court may then order up to 90 more days, per § 397.6975.

An order can end early. Release is also possible if the risk of harm is gone or they no longer need treatment, per § 397.6971.

Otherwise, the person is discharged automatically when the 90 days end, unless a renewal motion was filed, under § 397.6977. Discharge planning must cover follow-up appointments, medications, housing, transportation, and recovery support.

How long can you be held on the Marchman Act in Florida?

Can a Marchman Act treatment order be extended?

Yes. A renewal petition must be filed before the period ends, and the court may order up to 90 more days.

Talk With Robinson Casey About Your Family’s Situation

Reading about how long someone can be held is hard when the crisis was not your choice. Many people looking this up are doing it for a son, daughter, sibling, or spouse. They are trying to keep their own household steady at the same time.

Time limits are only part of the picture. The stage, the county, and the dates on the court papers shape what happens next. Those are your family’s facts.

The first consultation with Robinson Casey is free, confidential, and carries no obligation to continue. Call (561) 849-4149 or use the contact form to talk through your family’s situation.

For the full process, read our Marchman Act attorney overview.

Responsible lawyer: Richard J. Casey III, Esq. Robinson Casey focuses on Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.