The Marchman Act is Florida's law for court-ordered substance use assessment and treatment, enacted as the Hal S. Marchman Alcohol and Other Drug Services Act of 1993 and codified in Chapter 397, Florida Statutes. Families use the Marchman Act when a person's substance use has made them a danger to themselves or others and the person refuses voluntary care. Florida House Bill 7021 consolidated the process into a single involuntary-treatment petition effective July 1, 2024, replacing the older two-petition system.
The Marchman Act is a civil court process, not a criminal one. A judge can order a person to undergo substance use assessment, stabilization, and treatment when the person has lost the power of self-control over substance use and either poses a danger or lacks the capacity to appreciate their need for care. Marchman Act court records are confidential and exempt from public inspection under section 397.6760, Florida Statutes — a filing does not create a public record that follows the person.
Florida House Bill 7021, effective July 1, 2024, made the Marchman Act faster to use and more flexible for courts. The following are the three main changes the Florida Legislature made to the Marchman Act process in 2024:
A spouse, relative, or guardian can file a Marchman Act petition, and adults with direct personal knowledge of the person's substance use can petition when family is unavailable. For a minor, a parent, legal guardian, or licensed service provider files. In Tampa and the rest of Hillsborough County, petitions are filed with the Hillsborough County Clerk of Court, which serves the Thirteenth Judicial Circuit; Pinellas and Pasco filings go to their county clerks in the Sixth Judicial Circuit. The clerk's office provides the petition forms.
After a Marchman Act petition is filed, the court reviews the petition, holds a hearing, and can order assessment and treatment. The person named in the petition has the right to counsel, and the court appoints counsel when the person cannot afford it. A judge who finds the statutory criteria met orders the person to a licensed service provider for assessment and treatment; court-ordered care runs through facilities licensed by the Florida Department of Children and Families — the same licensure our directory checks, explained in how to verify a Florida rehab license. Treatment ordered under the Marchman Act can include medical detox, residential care, or outpatient programs, matched to the clinical assessment.
The Marchman Act addresses substance use; the Baker Act addresses mental illness. Both are Florida involuntary-care laws, and House Bill 7021 updated both in 2024. A person in a mental health crisis with no substance involvement falls under the Baker Act; a person whose impairment stems from drugs or alcohol falls under the Marchman Act. Courts handle overlap — a person with both a substance use disorder and a co-occurring mental health condition — by ordering care that treats both, which is why dual diagnosis programs exist as a distinct treatment type.
No. The Marchman Act is a civil process, and its court records are confidential and exempt from public inspection under section 397.6760, Florida Statutes.
Yes. A relative can petition for an adult family member who meets the statutory criteria — loss of self-control over substance use plus danger to self or others, or inability to appreciate the need for care.
The court sets the length based on the clinical assessment and can extend treatment on a provider's request. The 2024 law gave judges flexibility to match duration to clinical need rather than a fixed schedule.
Insurance pays for court-ordered treatment the same way it pays for voluntary treatment — by plan, medical necessity, and network. Medicaid enrollees can compare verified Medicaid-accepting Tampa facilities.
This page summarizes Chapter 397, Florida Statutes and the 2024 amendments under Florida House Bill 7021 for general information. It is not legal advice — consult the Hillsborough County Clerk of Court or an attorney for a specific case. Reviewed August 20, 2026 under our editorial standards. In a medical emergency call 911; for crisis support call or text 988.