When someone you love is using and refuses help, families in Florida are not without options. The Marchman Act is a state law that lets a family member, three concerned adults, or a law-enforcement officer ask a court to compel a person with substance use disorder into assessment — and, if warranted, treatment.
This guide explains what the Marchman Act is, who can file, what the process looks like in Indian River County, and what families should realistically expect.
If you’re considering filing right now, Call or Text (772) 584-3083. We can usually have a clinician on the phone with you within an hour to talk through your situation, and we routinely coordinate with families during Marchman Act assessments to plan the step-down into treatment.
What is the Marchman Act?
The Hal S. Marchman Alcohol and Other Drug Services Act, codified in Florida Statutes Chapter 397, is Florida’s analog to the Baker Act, but specifically for substance use rather than mental health crisis. It exists because addiction frequently impairs the very judgment a person would need to ask for help.
It is not punishment, not criminal, and not an arrest. The respondent receives no criminal record, is not prosecuted, and is not jailed. It is a civil, protective process — closer in spirit to a temporary guardianship for someone who is unable to make life-protecting decisions for themselves.
Who can file a Marchman Act petition?
Under Fla. Stat. § 397.681, the following may petition the court:
- A spouse, guardian, or relative by blood or marriage
- Three adults with personal knowledge of the respondent’s substance abuse impairment
- A director of a licensed service provider or designee
- A private practitioner treating the respondent
- A law-enforcement officer
For most families, that means a parent, sibling, adult child, spouse, or three friends/coworkers can start the process. You do not need a lawyer to file, although having one helps in contested cases.
The legal criteria — what a judge will look for
The court must find good-faith reason to believe the person:
- Is substance-abuse impaired, and
- Has lost the power of self-control with respect to substance use, and
- Either has inflicted, attempted, or threatened to inflict, or is likely to inflict, physical harm on themselves or others, or is so impaired by substance use that their judgment is so compromised that they are unable to appreciate their need for services.
Specific examples that often satisfy the criteria: repeated overdoses, driving under the influence with a child in the car, neglecting young children, refusing to eat or seek medical care, threatening suicide while using, or being unable to maintain housing or basic safety.
What does the process actually look like?
A simplified roadmap for Indian River County (19th Judicial Circuit, courthouse at 2000 16th Avenue, Vero Beach):
- Petition filed in the clerk’s office of the circuit court in the respondent’s county of residence. Standard forms are available from the clerk.
- Court review — the judge reviews the petition. If the criteria are met, the court issues an ex parte order for involuntary assessment — typically held at a licensed receiving facility for up to 5 days.
- Pickup and transport — law enforcement may be authorized to take the respondent into protective custody and transport them to the receiving facility.
- Assessment — a clinical team evaluates the respondent and reports findings to the court.
- If treatment is recommended and the respondent will not consent, a second petition for involuntary treatment is filed. A hearing is held — typically within 10 days of the petition.
- Treatment order — the court can order up to 60 days of treatment, with extensions of up to 90 days each available.
Total timeline from filing to first contact: often 24–72 hours for the assessment phase, depending on the judge’s docket and law-enforcement availability.
Common reasons families hesitate
“They’ll hate us forever.”
Almost no one in active addiction agrees they need help. After treatment, the overwhelming majority of family members tell us their loved one eventually said thank you. The relationship is not destroyed by the petition; it is destroyed by the addiction left untreated.
“We can’t afford a lawyer.”
You can self-file. The clerk’s office can provide the standard Marchman Act forms. Pro bono or low-cost legal help may be available through Florida Rural Legal Services or the local bar association’s lawyer referral line.
“What if they’re already in detox somewhere?”
The Marchman Act is often most useful at the step-down moment — after a brief medical detox, when many people walk out and resume use within hours. A court order anchors the continuum into IOP or residential.
“What if they comply once, then leave treatment?”
The court order is enforceable. If a respondent walks out of court-ordered treatment, the provider can notify the court, which can issue further orders, including return to a higher level of care.
What we can do for your family
We are an evidence-based outpatient program. Our IOP does not integrate 12-step program principles into the clinical curriculum, though 12-step support is always available during individual sessions. For families navigating a Marchman Act case, we offer:
- A clinician on the phone within an hour to help you decide whether the criteria fit your situation
- Coordination with the receiving facility during the 5-day assessment, so the step-down into IOP is planned by day three
- Family sessions built into the IOP schedule
- A continuum of care that connects to detox, partial hospitalization, IOP, and outpatient — with our own inpatient detox opening at the Treasure Coast Detox facility in 2026
If you are weighing a petition, or if you’ve just been handed a printout from the courthouse, Call or Text (772) 584-3083.
This article is general information for Florida residents and is not legal advice. The Marchman Act process can vary by circuit and by judge. For specific guidance on filing in your county, please consult an attorney, the clerk of court, or call us and we will help connect you with the right local resource.
