Florida created the Marchman Act in the early 1990s, and it has long allowed families to obtain help for those struggling with substance abuse. The original Act allowed those concerned about someone in the throes of addiction—usually loved ones—to evaluate, stabilize, and sometimes treat the struggling party for their addiction.
Recent updates to the Marchman Act have broadened its scope. The courts, and by extension loved ones, have more leeway to evaluate and treat their loved ones efficiently.
The Original Marchman Act Dates Back to 1993. Here’s How It Works
Also known as the Hal S. Marchman Alcohol and Other Drug Services Act, the Marchman Act was enshrined into Florida law in 1993. Updates to the Marchman Act reflect the substance abuse epidemic.
A typical example of how the Marchman Act worked is:
- A family has seen a loved one struggle with addiction for years, perhaps even coming close to losing their life on multiple occasions
- Thanks to the Marchman Act, one or more loved ones (often with a lawyer’s help) can file a petition in the circuit court
- The petition will explain the grounds for intervention, often detailing the struggling individual’s history of substance abuse—which, in many cases, will include arrests, overdoses, and other highly concerning developments
- The court reviews the petition and, in some cases, orders the struggling individual to undergo a professional evaluation
- After the evaluation, the court may order the individual to undergo treatment in a designated facility, even if the individual does not want to accept treatment
The importance of the Marchman Act is the formal, legally binding framework it provides. Rather than loved ones trying in vain to get a loved one into rehab, the Marchman Act empowers families to get their addicted loved one the help they refuse to get on their own.
The Marchman Act Protects Rights
Those unfamiliar with the Marchman Act sometimes raise the issue of civil rights, and rightfully so. Whenever the state compels someone to take action against their will—even when that action is undeniably in their best interests—the question of rights is relevant.
The Marchman Act ensures nobody who should not be committed to treatment is committed. The attorneys who help petition the courts through protocols carved out by the Marchman Act are yet another assurance that the legislation is used properly.
If you have a loved one struggling with alcohol or drug addiction, you know how difficult it can be to get them help. Before the Marchman Act, you could not reliably help someone help themselves. With the Marchman Act on your side, you can.
The Core Reason for Enacting the Marchman Act: Getting People Help
The spirit and language of the Marchman Act are similar to the Florida Mental Health Act or Baker Act which Florida passed in 1971.
Both of these Acts have noble aims, which are:
- To formally identify those who may pose a danger to themselves, and possibly to others, due to mental health deficits including addiction
- To allow loved ones and certain others to spark a formal process that will lead to the unwell individual getting the help they need
- Ultimately, to save lives and help individuals overcome the draining, often lethal effects of substance abuse and mental health deficits
The Marchman Act has saved countless lives. Yet, with the substance abuse epidemic raging throughout Florida, many more individuals and families may benefit from the Marchman Act.
Updates to the Marchman Act Have Made It Easier to Get Your Loved One Into Treatment
The Marchman Act received several notable updates via CS/CS/HB 7021, legislation which:
- Noted the Baker Act’s framework for “a legal procedure for voluntary and involuntary mental health examination and treatment”
- Also noted the Marchman Act’s existing “comprehensive system of prevention, detoxification, and treatment services”
- Signaled a sort of streamlining of both acts, notably allowing courts more flexibility in ordering patients to receive treatment for substance abuse issues, even if involuntarily
This update passed in mid-2024 and is, at least in part, a response to the epidemic of substance abuse that continues to plague the nation.
For those concerned about their loved one’s wellbeing, these updates—specifically, the potential to enact involuntary treatment—have brought a long-overdue means of getting their loved one help.
Who Florida’s Marchman Act Serves
Several parties can file a court petition under the Marchman Act, and these parties include:
- A law enforcement officer
- A spouse or another relative
- A guardian
- Three adults who have credible knowledge of the individual’s substance abuse
In emergency situations, an individual may file a successful petition under the Marchman Act. In many cases, though, it’s loved ones who take advantage of the Marchman Act after repeatedly trying to get the addicted individual the assistance they need.
If Your Loved One Is Struggling, Speak with a Florida Marchman Act Attorney About Your Options
The Marchman Act is an immensely complex law. Even if you can understand the Act itself, applying it to your personal circumstances will prove far more difficult.
Allow a Florida Marchman Act lawyer to assist you and your loved ones by:
- Having a compassionate, in-depth conversation about the circumstances you face
- Explaining your options, and whether filing a petition under the Marchman Act is a viable one
- Filing the petition on your behalf
- Handling every other detail of your Marchman Act petition and ensuring your loved one’s rights are protected throughout the process
Lawyers who handle Marchman Act petitions understand what you’re going through more than most. Let an attorney assist you today.
Delay Can Be Deadly When It Comes to Addiction, Speak with a Marchman Act Attorney Today.
As you likely know, the threat of addiction and substance abuse is too often lethal. Do not wait to retain a Florida Marchman Act attorney, as few priorities are more time-sensitive than this one.
