{"id":8503,"date":"2026-10-20T07:52:33","date_gmt":"2026-10-20T07:52:33","guid":{"rendered":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/does-a-marchman-act-expire\/"},"modified":"2026-10-20T07:52:36","modified_gmt":"2026-10-20T07:52:36","slug":"does-a-marchman-act-expire","status":"publish","type":"page","link":"https:\/\/robinsoncasey.com\/guides\/involuntary-commitment-addiction\/does-a-marchman-act-expire\/","title":{"rendered":"Does a Marchman Act Expire? Florida Rules Explained"},"content":{"rendered":"\n
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Marchman Act & Guardianship | South Florida and Statewide<\/p>

Marchman Act Questions? Get Clear Answers from Robinson Casey<\/h1>

Robinson & Casey focuses on Marchman Act petitions and guardianship matters for families in Miami-Dade, South Florida and across the state. Learn how Florida's rules apply to your situation.<\/p>

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By Richard J. Casey III, Esq. \u00b7 Published October 20, 2026<\/p>\n\n

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Does a Marchman Act expire? Yes. Under Florida law, a court can order involuntary substance abuse treatment for no more than 90 days. The order ends when the period expires unless a renewal petition is filed before the expiration of the court-ordered services period and granted. This page explains the time limits, how renewal and early release work, and what happens when a case ends. It is general information about Florida law, and your own facts can change the picture.<\/p>\n

What Is the Duration of a Marchman Act in Florida?<\/h2>\n

The main limit is 90 days. A judge may order involuntary treatment for a period not to exceed 90 days, and only when the case is proved by clear and convincing evidence. Florida Statute \u00a7 397.697<\/a> sets that rule.<\/p>\n

The Marchman Act is Florida’s involuntary treatment process for substance abuse. The petition must show a good-faith reason to believe the person is substance abuse impaired, or has a substance use disorder and a co-occurring mental health disorder, under s. 397.675, and the court may order treatment only when the conditions for involuntary treatment services have been proved by clear and convincing evidence under s. 397.697. It must also show the person has lost self-control over substance use. The person must either need services they cannot see they need, or pose a risk of harm. Florida Statute \u00a7 397.675<\/a> lists these criteria.<\/p>\n

Keep two clocks separate. The treatment order has its own 90-day limit. The steps before a hearing, such as an assessment order, have their own rules. We cover those below.<\/p>\n\n

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How Long Is a Marchman Act Good For?<\/h2>\n

A treatment order lasts up to 90 days. The earlier stages run on separate clocks.<\/p>\n

Florida Statute \u00a7 397.679<\/a> sets that step. A provider may not hold the person for more than 72 hours of observation. Exceptions include a court granting more time after a hearing, withdrawal that needs treatment, and an observation period ending on a weekend or holiday. Florida Statute \u00a7 397.6818<\/a> sets those limits.<\/p>\n

A court may issue or reissue an assessment order valid for 90 days when the respondent does not appear at the hearing and the court reasonably believes the commitment criteria and a substance abuse emergency exist. Florida Statute \u00a7 397.6957<\/a> requires the respondent’s assessment by a qualified professional within 72 hours after arrival at a licensed service provider, unless withdrawal or a medical need extends observation. Fla. Stat. \u00a7 397.6957 reads: “The respondent\u2019s assessment by a qualified professional must occur within 72 hours after his or her arrival at a licensed service provider unless the respondent shows signs of withdrawal or a need to be either detoxified or treated for a medical condition, which shall extend the amount of time the respondent may be held for observation until such issue is resolved but no later than the scheduled hearing date, absent a court-approved extension.” If the person still has not been assessed within 90 days, the court must dismiss the case.<\/p>\n

Can a Marchman Act Be Renewed or Extended?<\/h2>\n

Yes. A court can extend treatment for up to another 90 days. The renewal request must be filed before the current period ends.<\/p>\n

Under Florida Statute \u00a7 397.6975<\/a>, the service provider can file a renewal petition. The person who filed the first petition can also file. That petition must come with supporting documents from the provider. The court must schedule a hearing within 10 court working days, and no more than 15 days after filing.<\/p>\n

If the petition is granted, the court may order up to 90 more days. If the conditions continue after that, a new renewal petition may be filed. Timing matters, because the petition must be on file before the period ends.<\/p>\n

Can You Cancel a Marchman Act in Florida?<\/h2>\n

A treatment order can end early, but only under the statute’s release rules.<\/p>\n