Under Florida’s Marchman Act, you can be held for up to 72 hours during an emergency admission, and if a court orders involuntary treatment after that, the hold can last up to 60 days. The total time depends on which stage of the process you’re in, because the Marchman Act moves through distinct phases, each with its own legal time limit.
The Initial 72-Hour Hold
The first stage of a Marchman Act hold is emergency admission, which lasts a maximum of 72 hours. During this window, the person must be assessed by an attending physician to determine whether further services are needed. This isn’t a waiting period where nothing happens. The clinical team is evaluating the severity of the substance use crisis and deciding on next steps.
At the end of that 72-hour assessment, a qualified professional has three options: release the person (with or without a referral to outpatient services), keep the person voluntarily if they agree to stay, or retain the person and file a court petition for involuntary assessment or treatment. Filing that petition legally authorizes the facility to continue holding the individual while waiting for a court order.
If no petition is filed within 72 hours, the facility must let the person go.
Court-Ordered Involuntary Treatment
When a petition is filed and a judge approves involuntary treatment, the person can be held for up to 60 days. This is the maximum duration a court can order in a single treatment period under the Marchman Act. Treatment during this phase can be inpatient or outpatient, depending on what the court determines is appropriate.
The 60-day clock starts when the person is formally admitted for court-ordered treatment, not from the date of the original emergency hold. So in a worst-case scenario, someone could spend roughly 72 hours in emergency stabilization, additional time while the court processes the petition, and then up to 60 days in ordered treatment. In practice, someone cooperating with treatment or showing improvement may be discharged well before the 60-day limit.
Who Can Initiate a Hold
A Marchman Act hold can be started in several ways. A family member, spouse, or close relative can file a petition with the court. Law enforcement officers can also initiate an emergency hold if they encounter someone who appears impaired by substances and is a danger to themselves or others. Physicians and licensed professionals who directly observe the person can authorize emergency admission as well.
The petition process through the court requires the person filing to describe the individual’s substance use and explain why they believe the person has lost the ability to make rational decisions about their own care. A judge then reviews the petition and decides whether to order assessment or treatment.
How the Process Differs From the Baker Act
People often confuse the Marchman Act with Florida’s Baker Act, but they cover different situations. The Baker Act applies to mental health crises, while the Marchman Act specifically addresses substance use disorders. The Baker Act’s initial hold is also 72 hours, but the legal standards, treatment pathways, and petition processes differ.
Florida passed legislation in 2024 (CS/CS/HB 7021) that consolidates some of the involuntary treatment processes between the two acts. The bill repeals the existing separate provisions for court-ordered involuntary assessments under the Marchman Act and creates a new unified involuntary treatment process. It also allows witnesses to appear remotely in hearings and requires more detailed, personalized discharge planning. These changes are designed to streamline how courts handle both substance use and mental health cases, giving judges more flexibility to match treatment to the individual’s needs.
What Happens During the Hold
During an emergency hold, the focus is on stabilization. This means managing withdrawal symptoms, ensuring the person is medically safe, and conducting a thorough assessment of how severe their substance use disorder is. The facility is evaluating whether the person can safely be released or whether they need longer-term treatment.
If the hold moves to the court-ordered phase, treatment becomes more structured. This can include residential rehabilitation, counseling, medication-assisted treatment, or supervised outpatient programs. The court order specifies what kind of treatment is required, and the facility is expected to follow that plan. If the person stabilizes and the treatment team determines continued involuntary hold is no longer necessary, discharge can happen before the 60-day maximum. The goal is treatment, not detention, and the law requires facilities to develop a comprehensive discharge plan that connects the person to ongoing care after release.
Rights During a Marchman Act Hold
Being held involuntarily does not strip away all legal rights. The person has the right to be represented by an attorney during any court proceedings. They have the right to be examined by an independent physician. They can contest the petition, and a judge must find clear and convincing evidence that involuntary treatment is warranted before ordering it.
Facilities are also required to provide the least restrictive level of care appropriate for the situation. If outpatient treatment can safely address the person’s needs, a court should not order inpatient placement. This principle runs through the entire Marchman Act framework: the hold should last only as long as clinically necessary, up to the legal maximums.