Marchman Act or Drug Court? Understand Your Options in Florida

Where You Are Right Now

If your loved one keeps ending up in crisis, refuses care, or makes dangerous choices, Florida gives families two court routes to compare. One is a Marchman Act petition, which a family member can file. The other is drug court, which runs inside a criminal or dependency case that already exists.

You may be reading this late at night, trying to work out what the law allows. Your loved one may not see the problem. You may be the one who has to act. That is a hard place to stand.

This page compares Marchman Act vs drug court Florida options in plain terms. It covers who can start each one, whether a criminal case matters, who decides, and how long orders last. This page offers general information about Florida Marchman Act petitions and guardianship matters.

The decision in front of you is rarely about which program sounds better. It is about which door the case can open through. That difference shapes every step after the first filing.

What the Marchman Act Is and Who Can Start It

The Marchman Act is a civil court process for people who are substance abuse impaired. A petition asks a judge to order an assessment and, if the legal tests are met, treatment. It is not a criminal case.

For an adult, a petition may 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 impairment and prior assessment and treatment (who may file a petition).

They must also show either why the petitioner believes the person has inflicted or is likely to inflict physical harm on themselves or others unless the court orders services, or why the petitioner believes the person’s refusal to voluntarily receive care is based on judgment so impaired by substance abuse that the person cannot appreciate their need for care or make a rational decision about it (petition contents).

Recent events matter too. A person may also qualify if a qualified professional assessed them within 30 days (eligibility rules).

A common mistake is writing a long account of a hard year without dates or specific events. The statute asks for facts tied to the legal grounds.

What Florida Drug Court Is and When It Applies

Drug court is a treatment program that runs through the court system. Florida lets each county fund a treatment-based drug court program for people in the justice system who have a substance abuse problem (treatment-based drug court programs).

Palm Beach County describes its drug court as a voluntary prosecutorial diversion program. It includes treatment and compliance requirements and can lead to dismissal of charges (Palm Beach County drug court). Each county sets up its own program, so details can differ across Florida.

Entry is voluntary. When s. 948.08(6)(c)1. does not apply, pretrial drug court requires the person’s written agreement. That agreement must state that they understand the program requirements and the sanctions for not complying (§ 397.334(2)). Assignment depends on available space, budget, and whether the offender is manageable (referral of offenders).

The route opens through a case the court already has.

Marchman Act vs Drug Court Florida: Side-by-Side

The biggest difference is where the case starts. A Marchman petition opens a new civil matter. Drug court sits inside an existing criminal or dependency case.

If you are choosing between them, start with the case. Ask whether a criminal or dependency matter is already open. The answer decides which door is available.

When a Criminal Case Is Involved

If a criminal case is already open, the criminal court makes the drug court decision, not the family. A court or criminal justice authority with jurisdiction may require an offender to receive services from a licensed provider. That referral must be in writing and signed by the referral source (referral of offenders).

The two tracks run on separate rules. A Marchman petition is a civil matter with its own petition, hearing and order. Drug court runs under the criminal case and its judge. Each track has its own steps, so a family may need to understand both before choosing.

A common mistake is looking at one track and ignoring the other. If charges exist, bring every case number, court date and charge into any conversation about options. Facts from both tracks shape the choice.

What Happens at a Marchman Act Hearing

The hearing is where the judge hears the evidence. The court must schedule it within 10 court working days unless a continuance is granted (hearing timing).

The court hears relevant evidence, including testimony from family members who know the person’s history. It may also order drug tests. Testimony is under oath and recorded, and the person may refuse to testify.

The respondent has the right to counsel at every stage of a judicial proceeding relating to a petition for involuntary treatment for substance abuse impairment, and may waive that right only if present and the court finds the waiver knowing, intelligent, and voluntary. The court must appoint a lawyer if it believes the person needs or desires one, without regard to the person’s wishes (right to counsel). The Second District has held that a person has a constitutional right to counsel in Marchman Act proceedings (Hillsborough County v. Albrechta).

In a 2020 Fifth District case, the court reversed an order where the judge questioned the only witness after the petitioner was absent (J.C. v. State). A Fourth District court reached a different result in 2024 and certified a conflict (J.J.J. v. D.G.). Treat that point as Fifth District law for now.

How Long Each Order Lasts

A Marchman treatment order can last up to 90 days. A renewal can add up to another 90 days. The judge may order treatment when the conditions are proved by clear and convincing evidence (treatment order).

Before the period ends, the provider can ask for renewal. The court may then order up to an additional 90 days (renewal). Fla. Stat. § 397.6975 reads: “If the court finds that the petition for renewal of the involuntary treatment services order should be granted.”

A person must be released once the conditions justifying treatment no longer exist. Earlier discharge is possible when the person no longer meets admission criteria and gives informed consent to voluntary status (early release).

The Second District has said such an order must rest on petition facts that give a good-faith reason to believe the criteria are met (D.H. v. K.J.R.).

Drug court length is set by the program and the court’s orders.

A common mistake is expecting one order to last until recovery. Each period has a set limit, and continued treatment requires a renewal.

Talk Through Your Family’s Situation With Robinson Casey

You do not have to choose a court route on your own. Robinson Casey focuses on Marchman Act petitions and guardianship matters, serving families across South Florida and statewide.

Quick answers

If a loved one’s crisis is pushing you toward a decision, talk through which route fits your facts. Call (561) 849-4149 or request a consultation. Your first consultation is free, confidential and carries no obligation to continue (consulta inicial gratuita, confidencial y sin compromiso).

This page has not been approved by The Florida Bar. Not all lawyers at the firm are described here.