Can You Force Someone Into Rehab in Florida? The Marchman Act

Yes. Florida law lets you force someone into rehab through a civil court process called the Marchman Act, found in Chapter 397, Part V of the Florida Statutes. It is not easy, and the criteria are strict on purpose, but families do have a real legal tool when a loved one’s addiction has crossed into dangerous territory and they refuse to get help. The proceeding is civil, not criminal, so no one ends up with a criminal record from it.¹

The Legal Criteria You Have to Meet

Heavy drinking or drug use, on its own, is not enough. You need a good-faith basis to believe the person is impaired by alcohol, drugs, or other mood-altering substances, and that the impairment has caused two things at once. First, they have lost the power of self-control over their use. Second, at least one of these is also true:²

Their judgment is so impaired by the substance use that they cannot appreciate their need for care or make a rational decision about treatment.
Without care, they are likely to suffer substantial harm from self-neglect that family and friends cannot prevent, or there is a strong likelihood they will hurt themselves or someone else.

One point trips up a lot of petitioners: refusing treatment does not by itself prove impaired judgment.² A person can say no and still be legally competent. You need specific behavior showing they cannot grasp how serious their situation is.

Three Ways Someone Can Be Brought In

The Marchman Act has three entry points, and the right one depends on how urgent things are.

A law enforcement officer can take someone into protective custody without any court order if the person appears to meet the involuntary admission criteria and is either brought to the officer’s attention or found in public. The officer transports them to a licensed receiving facility.³ This is the fastest route and is meant for crises.

A physician, psychologist, clinical social worker, psychiatric nurse, mental health counselor, or certain other licensed professionals can authorize an emergency admission by signing a certificate stating the person meets the criteria.⁴ This works when a qualified professional has already evaluated the person.

The third route, and the one most families use, is a court petition. It takes longer but gives you the most control.

Filing the Petition

There are actually two different petitions, and mixing them up is a common mistake.

A Petition for Involuntary Assessment and Stabilization asks the court to order the person into a facility for evaluation. For an adult, it can be filed by a spouse or legal guardian, any relative, a private practitioner, the director of a licensed treatment provider, or any adult with direct personal knowledge of the substance abuse.⁵ One person is enough.

A Petition for Involuntary Treatment asks the court to order actual treatment, not just an evaluation. The bar is higher: it can be filed by the spouse, guardian, a relative, a service provider, or any three adults with personal knowledge of the person’s substance abuse and their history of assessment and treatment.⁶ The three-adult rule reflects how much more serious a treatment order is than an assessment order.

Both petitions get filed with the clerk of the circuit court in the county where the person is located. What you write matters. Sworn statements need specific incidents you saw yourself: dates, behaviors, moments of harm or near-harm, evidence of lost control. General statements about drinking or drug use will not carry a hearing. The more concrete the details, the stronger your case.

What Happens After You File

The court has to set a hearing within 10 court working days.⁷ Those are business days, so plan on roughly two weeks. A magistrate may preside instead of a judge. The respondent (the person you are petitioning about) must be served with notice and generally has to be present, unless the court finds attendance would harm them.

At the hearing, you present testimony and evidence. If the court finds it reasonable to believe the respondent meets the criteria, it can order involuntary assessment and stabilization, or, if you filed for treatment, order treatment services.

Emergencies can move faster. If the judge reviews the petition and finds emergency circumstances, the court can enter an ex parte order for involuntary assessment and send law enforcement to bring the respondent in.⁸ If the respondent fails to appear at the hearing and the court believes an emergency exists, it can issue an ex parte order valid for up to 90 days.

How Long Treatment Lasts

A court-ordered assessment lasts up to five days at a hospital, licensed detoxification facility, or addictions receiving facility.⁵ The facility cannot hold the person for observation beyond 72 hours unless they are going through withdrawal, need medical treatment, or the court grants more time.⁸

If the assessment shows the person needs continued care, the court can order involuntary treatment for up to 90 days. The evidence has to meet a clear and convincing standard, which is a high bar.⁹ If 90 days is not enough, the treatment provider can petition for an additional 90-day extension. Treatment can be inpatient or outpatient, based on what the court decides is the least restrictive appropriate placement.

Who Pays

The respondent is generally responsible for the cost of their own treatment. Private health insurance may cover some or all of the care at a private facility. If the person is uninsured or cannot pay, they will typically be placed with a publicly funded provider. The statute requires the court, when ordering involuntary treatment, to order services from a publicly funded licensed service provider, meaning county or state-funded programs are the default when private resources are not available.⁹

The petitioner is not automatically on the hook. If you want the respondent placed at a private facility, confirm coverage and costs with the facility before the hearing. Arriving in court without a bed lined up can stall everything.

What the Respondent Is Entitled To

The Marchman Act is not a blank check. The respondent has the right to counsel at every stage, and the court must appoint an attorney if they cannot afford one. The court can appoint counsel on its own even without a request. For minors, the court must appoint a guardian ad litem right away. The appointed attorney has full access to the respondent, witnesses, and records, and represents the respondent’s interests regardless of who is paying. If the respondent cannot afford private counsel, the court appoints the Office of Criminal Conflict and Civil Regional Counsel.¹⁰

If They Walk Out or Refuse

A Marchman Act order is enforceable. If the person leaves treatment or refuses to comply, the court keeps jurisdiction and can hold them in civil contempt.⁹ The court can modify the treatment plan, change the setting, or issue new orders. Either party can request a compliance hearing, and the court can set one on its own. Law enforcement can be directed to bring the person back. This enforcement is what separates a Marchman Act order from a family conversation about getting help.

Marchman Act vs. Baker Act

Families in crisis often mix these up, and picking the wrong one wastes days. The Baker Act (Chapter 394) covers involuntary examination and treatment for mental illness. The Marchman Act (Chapter 397) covers substance abuse. The Baker Act specifically excludes substance abuse impairment from its definition of mental illness.¹¹

If the crisis is primarily about alcohol or drugs, the Marchman Act is the right tool. If it is a mental health condition unrelated to substance use, use the Baker Act. When both are present, the Marchman Act criteria specifically account for co-occurring conditions.² Getting the right act on the first try can matter enormously.

1
The Florida Legislature. Florida Code 397 – Substance Abuse Services
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The Florida Legislature. Florida Code 397.675 – Criteria for Involuntary Admissions
3
Florida Senate. Florida Code 397.677 – Protective Custody
4
The Florida Legislature. Florida Code 397.679 – Emergency Admission
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Florida Senate. Florida Code 397.6811 – Involuntary Assessment and Stabilization
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The Florida Legislature. Florida Code 397.695 – Petition for Involuntary Treatment
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The Florida Legislature. Florida Code 397.68151 – Duties of Court Upon Filing of Petition for Involuntary Services
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Florida Senate. Florida Code 397.6818 – Court-Ordered Involuntary Assessment and Stabilization
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The Florida Legislature. Florida Code 397.697 – Court Determination and Effect of Court Order for Involuntary Services
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The Florida Legislature. Florida Code 397.68151 – Duties of Court Upon Filing of Petition for Involuntary Services
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Florida Department of Children and Families. Baker Act and Marchman Act Comparison