Florida Marchman Act: 72-Hour Assessment and 90-Day Order

The Marchman Act is Florida’s law for court-ordered substance use assessment and treatment, found in Chapter 397, Part V of the Florida Statutes. If a judge orders an assessment, the person generally must be assessed within 72 hours of arriving at a licensed service provider. If the court then orders treatment, it can last up to 90 days. This guide explains the steps, what a family or provider must be able to show, and what to do today.

The Numbers That Matter

Under Florida’s Marchman Act, an adult who arrives at a licensed service provider under an involuntary assessment order generally must be assessed within 72 hours, and a resulting court order for involuntary treatment may last up to 90 days, with a renewal of up to an additional 90 days. These limits come from Florida Statutes sections 397.6957, 397.697, and 397.6975. We checked the statute text against the Florida Senate’s 2025 statutes in October 2026. Laws change, so confirm current text before you file anything.

How the Marchman Act Works, Step by Step

The process runs through the circuit court. It is a civil court process, not a criminal charge, and it is separate from Florida’s mental health law. The sequence looks like this:

• Petition: Someone with standing asks the circuit court for an involuntary assessment and stabilization order, or for involuntary treatment.
• Hearing: A judge reviews the petition. The person it concerns is generally entitled to be present unless they knowingly waive it or the court finds attending would be harmful.
• Assessment order: If the person was not assessed, or refused assessment, and appears to meet the criteria, the court can order an assessment and stabilization to determine the right level of care.
• Continued hearing: After an assessment order is issued, the hearing is continued for no more than 10 court working days, and the clinical assessment report must be filed with the clerk by close of business the day before the hearing.
• Final order: The judge either dismisses the petition or orders involuntary treatment services, with findings on the need for treatment and on less restrictive alternatives.

What the Court Must Find

Florida’s statute sets a high bar. The person who files must prove the criteria by clear and convincing evidence. In plain language, the court looks at the following:

• Substance impairment: The person is impaired by substance use and has a history of not following through with treatment.
• Refusal or inability to judge need: Because of that impairment, the person is unlikely to accept recommended services voluntarily, or cannot judge for themselves whether services are needed.
• Serious risk: Without services, the person is likely to neglect self-care in a way that poses a real and present threat of substantial harm, with a substantial likelihood of serious bodily harm to self or others in the near future, shown by recent behavior.
• Impaired judgment: Alternatively, the refusal of care stems from judgment so impaired by substance use that the person cannot appreciate the need for care or make a rational decision about it.

Notice what is missing. A loved one drinking heavily, or a hard family situation, is not enough by itself. Judges look for specific, recent, documented behavior.

The Clocks: 72 Hours, 10 Working Days, 90 Days

Each clock starts at a different moment, and mixing them up is a common source of confusion:

• 72-hour assessment window: For adults, the assessment generally must occur within 72 hours after arrival at a licensed service provider. It can be extended if the person shows signs of withdrawal or needs detoxification or medical treatment, and a provider can ask the court in writing for more observation time.
• Weekend and holiday rule: If the observation period ends on a weekend or holiday, the provider may hold the person until the next court working day.
• Minors: For a minor, the assessment must begin within the first 12 hours of admission.
• 90-day assessment order: An assessment order is valid for 90 days. If the person remains unassessed after that, the court must dismiss the case.
• 90-day treatment order: Involuntary treatment may not exceed 90 days. A renewal petition can request up to an additional 90 days and must be filed before the order expires.
• Renewal hearing: The court must schedule it within 10 court working days of filing, held no more than 15 days after filing.

What to Expect at the Hearing

Hearings can feel intimidating for families, so it helps to know the ground rules. The person named in the petition is generally expected to attend in person, unless they knowingly waive presence or the court finds that attending would be inconsistent with their best interests. Witnesses may attend and testify remotely by audio-video technology, and they must share their relevant documents with the parties by close of business the day before the hearing. In practice, that means your dated log and any supporting records should be organized and ready a full day early. A judge is more likely to find a clear timeline useful than a long narrative about the person’s history.

Where Treatment Happens and Who Pays

The court can order treatment from a publicly funded licensed provider. A privately funded provider can be ordered if the person can pay, or if someone acting on their behalf shows both willingness and ability to pay. If the court finds it necessary, it can direct the sheriff to take the person into custody and deliver them to the named provider. The court also keeps jurisdiction after the order, so it can issue further orders, such as monitoring compliance or changing the type of treatment.

Cost is a practical question to settle early. Ask the provider, before any hearing, what the daily rate is, what insurance will cover, and whether a publicly funded bed is available. Public beds can have waiting lists, so ask how long the wait runs.

What to Do Today

If you are thinking about filing for someone you love, these steps can be done in a day:

• Write a dated log: List each recent incident with the date, what you saw, and who else saw it. Recent behavior is what the statute asks about.
• Call the clerk of the circuit court: In the county where the person lives, ask what filing is available and who is allowed to file. Florida’s statute lists who may file, and we did not verify that list for this article, so confirm it directly.
• Ask a provider this question: “If a judge orders an assessment, where will the 72 hours start, and what happens if withdrawal care is needed?”
• Line up a bed first: Call 866-644-7911 to talk through levels of care. You can also search licensed providers at FindTreatment.gov, a confidential SAMHSA resource.

Treatment that begins voluntarily is often simpler than a court process. The National Institute on Alcohol Abuse and Alcoholism describes the symptoms and treatment options for alcohol use disorder, which can help you prepare for a conversation before anyone files. If a family conversation has not been tried yet, our guide to staging an intervention may help, and our 11-question drinking self-check can start the discussion.

When to Call 911 or 988 Instead

The Marchman Act is not an emergency service, and a petition is not fast enough for a crisis. Call 911 for immediate danger, an overdose, or a medical emergency. Stopping heavy alcohol use suddenly can be medically serious, so seizures, confusion, or severe shaking need emergency care right away. If someone is thinking about suicide, call or text 988, the 988 Suicide and Crisis Lifeline. For treatment referral information, the SAMHSA National Helpline is free, confidential, and open 24 hours a day at 1-800-662-HELP (4357).

Marchman Act vs. a Mental Health Hold

People often confuse the two. A Marchman Act petition addresses substance use impairment. Mental health holds work under different rules and clocks. If the situation is primarily a psychiatric crisis, the state-by-state guide to involuntary psychiatric holds explains how holds work, and our guide to when to go to the ER for a mental health crisis can help you decide quickly. Many people have both substance use and mental health needs, and a licensed assessment can sort out which applies.

Related Guides in This Series

For more on how involuntary holds work elsewhere, see Pennsylvania’s 302 process, Virginia’s ECO and TDO clocks, Massachusetts Section 12, and Maryland’s emergency petition. If you are wondering about firearms after a hold, read what federal law counts. You can also read the statute directly: section 397.6957, section 397.697, and section 397.6975. For questions about treatment options, you can also call 866-644-7911.

This article is for educational purposes only and is not legal or medical advice. Laws and procedures change and vary by situation. For legal questions, consult a Florida attorney; for medical concerns, consult a licensed clinician. In an emergency, call 911 or call or text 988.