Step 1: Filing a Petition for Assessment

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The process begins when a family member, guardian, or law enforcement officer files a petition in the county court, requesting an evaluation of an individual struggling with severe substance use disorder. This is typically done when the person is unable or unwilling to seek treatment voluntarily.

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Real-world example: A mother in Miami files a Marchman Act petition for her 26-year-old son, who has been struggling with heroin addiction. He has overdosed twice in the past year but refuses rehab, claiming he doesn’t have a problem. She provides medical records and text messages where he admits he cannot stop using but fears withdrawal.

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Legal nuance: The petitioner must provide specific evidence proving that the individual is a danger to themselves or others. General concerns or moral judgments are not enough to justify an involuntary assessment.

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Step 2: Court Review and Hearing

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After the petition is filed, a judge reviews the evidence and determines if an immediate ex parte order is necessary or if a hearing should be scheduled.

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Scenario 1: Emergency Ex Parte Order -

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• If the judge finds that the individual poses an immediate threat to their own life or others, they can issue an ex parte order without informing the individual beforehand. Law enforcement is then authorized to transport the person to a treatment center for assessment.
• Example: A father in Tampa files a petition for his 40-year-old brother, who has been drinking excessively and making suicidal threats. Given the immediate danger, the judge signs an ex parte order, and police escort him to a treatment facility for urgent evaluation.

If no immediate risk is found, the court schedules a hearing, during which both the petitioner and the respondent (the individual with substance use disorder) can present their case.

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Scenario 2: Standard Court Hearing -

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• If no immediate danger is found, the court schedules a hearing, typically within 10 days, where both the petitioner and the individual with substance use disorder present their sides. The respondent has the right to an attorney and can argue against involuntary treatment.
• Example: A woman in Jacksonville petitions for her husband, who has lost his job due to alcoholism and has been found unconscious multiple times. However, at the hearing, he argues that he can manage his drinking and does not need treatment. The judge ultimately denies the petition due to lack of “clear and convincing evidence” of immediate harm.

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Step 3: Court-Ordered Assessment

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If the court approves the petition, the individual dealing with addiction is ordered to undergo a professional evaluation at a licensed treatment center, lasting up to five days.

• Real-world example: A young man in Orlando is taken to an assessment center after his mother files a petition. During his evaluation, doctors determine that he has severe opioid withdrawal symptoms and is mentally unstable, making him a strong candidate for continued involuntary treatment.
• Legal nuance: The assessment is not a punishment; it is meant to determine if the person meets the legal standard for addiction treatment. Some individuals may be released after evaluation if they are not deemed a risk.

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Step 4: Filing for Involuntary Treatment

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If the assessment confirms that the person is suffering from severe substance use disorder and still refuses treatment, the petitioner can request extended involuntary treatment for up to 60 days.

• Real-world example: A man in Fort Lauderdale is assessed and found to be suffering from severe fentanyl addiction, but he refuses treatment. His sister files a follow-up petition for court-ordered treatment, arguing that he has repeatedly relapsed despite previous voluntary rehab attempts. The judge grants the request, sending him to a 60-day inpatient program.
• Legal nuance: The court must find clear and convincing evidence that the person is incapable of making rational decisions regarding their health. The judge also considers past treatment history and any criminal behavior linked to addiction.

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Step 5: Mandatory Treatment & Compliance

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Once treatment is ordered, the individual must comply with the program’s requirements. The treatment can take place in a residential rehab facility or an outpatient setting, depending on the severity of the addiction.

• Real-world example: A woman in St. Petersburg, struggling with severe methamphetamine addiction, is placed in a court-ordered 90-day residential rehab program. Initially, she refuses to participate in therapy, but after a month of detox and counseling, she begins to engage in treatment.
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  • The individual cannot be forcibly medicated under the Marchman Act. They can be required to attend treatment but have the right to refuse medications.
  • If a patient refuses to cooperate or leaves treatment against court orders, they may face contempt of court charges (criminal charges) or be returned to the facility.
  • The court receives progress updates and may extend the treatment if necessary.

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Step 6: Discharge & Aftercare

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At the end of the treatment period, the individual is discharged. However, ongoing aftercare and monitoring are strongly recommended.

• Real-world example: A 35-year-old man in Sarasota completes court-ordered rehab for alcohol addiction. His parents work with the facility to set up aftercare services, including AA meetings, therapy, and sober living arrangements.
• Legal nuance:
  
  • If the individual relapses, the petitioner can file another Marchman Act petition, but repeated filings may be harder to justify unless there is substantial new evidence of self-harm or risk.
  • Some individuals voluntarily continue treatment, recognizing the benefits of structured support.

You will need to file the petition in the county where the individual resides. Below are links and forms to major Florida court resources:

• Florida Courts Directory: https://www.flcourts.gov/
• Palm Beach County Clerk & Comptroller: https://www.mypalmbeachclerk.com/
• Broward County Clerk of Courts: https://www.browardclerk.org/
• Miami-Dade Clerk of Courts: https://www.miami-dadeclerk.com/

You will need to file the petition in the county where the individual resides. Below are links and forms to major Florida court resources:

Links To Florida Courts

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• Florida Courts Directory: https://www.flcourts.gov/
• Palm Beach County Clerk & Comptroller: https://www.mypalmbeachclerk.com/
• Broward County Clerk of Courts: https://www.browardclerk.org/
• Miami-Dade Clerk of Courts: https://www.miami-dadeclerk.com/

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Marchman Act Forms

What is the purpose of the Marchman Act?

The Marchman Act is a Florida law designed to help individuals struggling with severe substance abuse who are unable or unwilling to seek treatment voluntarily. It allows for court-ordered assessment and treatment when the person poses a danger to themselves or others due to addiction.

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Who can file a Marchman Act petition?

A spouse, family member, guardian, or three unrelated adults who have knowledge of the person's substance abuse can file a petition. Law enforcement officers and healthcare professionals can also initiate the process.

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Does the person being petitioned need to be present at the court hearing?

Not always. If the court determines that the individual is in immediate danger, the judge can issue an ex parte order, allowing law enforcement to take the person into custody for assessment without prior notice or a hearing. Otherwise, a standard hearing will be scheduled where the person can be present and has the right to an attorney.

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How long does the Marchman Act process take?

The timeline varies based on the county and court workload, but here’s a general breakdown:

• Filing the petition: 1-2 days
• Court review and scheduling: 5-10 days (if not an emergency)
• Assessment period: Up to 5 days
• Court-ordered treatment (if needed): Up to 60 days, with potential extensions

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Can the person refuse treatment under the Marchman Act?

No, if the court orders involuntary treatment, the person is legally required to participate. However, they cannot be forcibly medicated—they can be required to stay in treatment but have the right to refuse specified medical interventions.

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What happens if the person leaves treatment early?

Leaving treatment before completing the court-ordered program can result in legal consequences, such as:

• Being held in contempt of court, which could lead to fines or jail time
• Being returned to treatment under court supervision
• Having additional legal actions filed against them

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Does the Marchman Act apply to minors?

Yes, but the process is slightly different. Parents or legal guardians can petition for the involuntary assessment and treatment of a minor without needing a court order. However, treatment centers still have the authority to assess whether the minor meets the criteria for involuntary treatment.

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How is the Marchman Act different from the Baker Act?

The Marchman Act deals specifically with substance abuse disorders, while the Baker Act is used for individuals experiencing mental health crises that pose an immediate danger to themselves or others. In some cases, both acts may apply if a person’s substance use is linked to severe mental health issues.

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Can a person be forced into long-term rehab under the Marchman Act?

The initial court-ordered treatment period is up to 60 days, but it can be extended if the court finds that continued treatment is necessary. However, long-term involuntary rehab (beyond 60-90 days) is rare unless there is strong evidence that the individual is still a severe danger to themselves or others.

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How successful is the Marchman Act in helping people recover?

Success rates vary depending on the individual, their level of addiction, and follow-up care. While involuntary treatment can be effective in stabilizing someone and getting them into rehab, long-term recovery often depends on:

• Continued therapy and support groups (AA, NA, etc.)
• Family involvement and accountability
• Willingness to remain in treatment after the court order ends