The Marchman Act

Marchman Act Timeline

The Hal S. Marchman Alcohol and Other Drug Services Act, commonly known as the Marchman Act, provides a means of involuntary and voluntary assessment and stabilization and treatment of a person allegedly abusing alcohol or drugs. In 2024, House Bill 7021 was enacted in attempt to modernize both the Marchman Act and Baker Act.

  1. The Marchman Act Timeline

    1. Chapter 397 Enactment

      1970

      The Florida Legislature enacted Chapter 397 in 1970. Florida Statute 397 was initially only for drug abuse, not alcohol. 

    2. The Myers Act: Florida Statute 396

      1971

      Florida Statute 396 was initially only for alcohol abuse, not drug. Florida Statute 397 and 396 led to separate funding streams and requirements for alcoholism and substance use. However, this was cumbersome for those experiencing dual alcohol and drug use.

    3. The Marchman Act Enactment

      1993

      Prior to October 1, 1993, Chapter 396 (the Myer's Act) primarily dealt with alcohol abuse whereas Chapter 397 was more concerned with drug dependency. The Hal S. Marchman Alcohol and Other Drug Service Act unified alcohol and drug treatment under “substance abuse.”

      • It allowed involuntary and voluntary assessment, stabilization, and treatment through court processes and emergency provisions.

    4. Florida Statute 397.6760

      2017

      After becomming effective on July 1, 2017, Florida Statute 397.6760 made all petitions for involuntary assessment and stabilization, court orders, and related records that are filed with or by a court under Chapter 397 (the Marchman Act) confidential and exempt from Florida Statute 119.071(1) and Florida Constituition Article I, s. 24(a). This means that the aformentioned records are not public records and are exempt from public inspection.

    5. 2024: HB 7021

      2024

      Attempt to modernize both the Marchman and Baker Act. Included $50 million appropriation.
      • Consolidation of involuntary assessment and stabilization into a streamlined single involuntary treatment process.
      • Elimination of outdated provisions (e.g., a two‑petition requirement, replaced by one consolidated process.)
      • Enhanced court flexibility: more discretion in ordering types of involuntary services, remote witness testimony, and elimination of the 30‑bed cap for crisis stabilization units.
      • Safeguards: prohibits involuntary placement of developmentally disabled individuals lacking co-occurring mental illness into mental health institutions.
      • Mandates annual data collection and reporting by the DCF and the Louis de la Parte Florida Mental Health Institute, aiming to inform future improvements.