Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: Florida law that allows family members, loved ones, or medical professionals to petition the court for involuntary assessment and treatment of a person with a substance abuse impairment who is unable to make rational decisions about their care.
Category: FL-Specific Laws · Statute: F.S. 397 · Source: Florida Legislature
Florida Statute 397 — Hal S. Marchman Alcohol and Other Drug Services ActThe Marchman Act provides for involuntary and voluntary assessment, stabilization, and treatment of persons with substance abuse impairment.
Who Can File a Marchman Act Petition?
- Spouse, guardian, or relative
- Three adults with personal knowledge of the person's substance abuse
- Licensed service provider
Process
- File a petition with the county court (can be done without an attorney)
- Court schedules a hearing (within 10 days, or sooner for emergencies)
- If granted, the person is ordered to undergo assessment (up to 5 days)
- Based on assessment, court may order treatment (up to 60 days, renewable to 90)
Marchman Act and Bail
If someone is arrested while under the influence and a Marchman Act petition is filed, the court may incorporate substance abuse treatment into bail conditions or pretrial release.