Understanding the Marchman Act: A Guide for Families Facing a Hard Decision

If you’re asking in which states the Marchman Act is implemented, the answer is Florida alone. Its petitions, hearings, and court orders run through Florida courts.

The Short Answer: The Marchman Act Is a Florida Law

The Marchman Act is Florida’s law for substance use impairment. Its official short title is the Hal S. Marchman Alcohol and Other Drug Services Act (Fla. Stat. § 397.301). Under Fla. Stat. § 397.301, this act may be cited as the “Hal S. Marchman Alcohol and Other Drug Services Act.”

The Florida Department of Children and Families also describes the Act as a tool for involuntary help for severely impaired adults and youth (Florida DCF, Marchman Act).

Robinson Casey limits its practice to Marchman Act petitions and guardianship matters. For the full overview, read our Marchman Act attorney guide.

What the Marchman Act Covers Inside Florida

The Marchman Act lets certain people ask a Florida court for help when substance use impairs a loved one’s judgment or puts their safety at risk. For an adult, the petition may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the impairment and prior treatment (Fla. Stat. § 397.68112).

The court looks at specific criteria.

The general sequence runs like this. The petition goes to the clerk in the county where the person is located, and the clerk cannot charge a filing fee for it (Fla. Stat. § 397.681). The respondent, the person named in the petition, has the right to counsel at every stage, which the respondent may waive if present and the court finds the waiver is made knowingly, intelligently, and voluntarily. The petitioner must prove the case by clear and convincing evidence (Fla. Stat. § 397.6957). If the court finds the conditions proved, it may order treatment for up to 90 days (Fla. Stat. § 397.697).

Involuntary commitment for addiction is part of our scope. The outcome depends on the facts of each case.

A common mistake is filing in the wrong county. Even so, as the court explained in J.P. v. J.N., filing the petition in the wrong county did not divest the circuit court in Putnam County of jurisdiction. Filing in the wrong county was a venue defect, not a loss of jurisdiction (J.P. v. J.N.).

Why a Florida Statute Does Not Carry Into Other States

A Florida statute applies within Florida’s courts. It does not decide cases in courts of other states. Each state writes its own laws on substance use treatment and civil commitment. Those laws use different names, standards, and procedures.

So a family whose loved one lives in another state faces that state’s rules. Florida’s Marchman petition process does not replace them.

Families should not assume the rules match across state lines. Check which law governs where the person actually lives.

How the Marchman Act Differs From the Baker Act

The Marchman Act covers substance use impairment, while the Baker Act covers mental health. The Baker Act is Florida’s Mental Health Act, and its official short title is “The Florida Mental Health Act” or “The Baker Act” (Fla. Stat. § 394.451). Under Fla. Stat. § 397.301, the law commonly called the Marchman Act may be cited as the “Hal S. Marchman Alcohol and Other Drug Services Act.”

Families often mix the two up. Both involve involuntary steps in Florida, and a loved one may have both a substance use disorder and a mental health condition. If, at any point during the hearing, the court has reason to believe the respondent, due to mental illness other than or in addition to substance abuse impairment, meets the involuntary commitment provisions of part I of Chapter 394 (the Baker Act provisions), the court may initiate involuntary examination proceedings under those provisions.

The label on the paperwork matters less than the facts behind it. The law that applies depends on what is happening with the person.

Talking Through a Florida Situation With Robinson Casey

If you’re researching this for someone you love, you’re likely in a hard spot. Gathering facts is difficult when a family member’s safety is in question and every day feels urgent.

The decision in front of you is whether a Florida Marchman Act petition fits your loved one’s situation, whether in Miami-Dade or elsewhere in Florida. Richard J. Casey III, Esq. is the responsible lawyer for this page. Robinson Casey offers a free first consultation that is confidential and carries no obligation to continue. Call (561) 849-4149 or request a consultation at robinsoncasey.com/contact.

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