MARCHMAN ACT – THE FLORIDA STATUTE

According to the 2003 Marchman Act User Reference Guide, the Florida Legislature enacted Chapter 397 governing the Treatment and Rehabilitation of Drug Dependents in 1970. Subsequently, one year later, the Legislature passed Chapter 396 as the state’s “Comprehensive Alcoholism Prevention, Control, and Treatment Act” called the Meyers Act.

These two separate laws, Chapters 396 and 397, dealing with the prevention and treatment of addiction, were cumbersome and didn’t address the real problems Florida’s citizens faced. These issues necessitated the Legislature to clarify these laws. 

Representative Steve Wise of Jacksonville introduced the legislation to combine Florida Statutes chapters 396 and 397 into a single law spelling out legislative intent, licensure of service providers, client rights, voluntary and involuntary admissions, offender and inmate programs, services coordination, and children’s substance abuse services. The Hal S. Marchman Alcohol and Other Drug Services Act of 1993, commonly referred to as the Marchman Act, was enacted.

The Florida Legislature named the law after Reverend Hal S. Marchman, a tireless advocate for persons suffering from alcoholism and drug abuse. The Legislature recognized him for his dedication and contributions to the delivery of substance abuse services.

Legislative Findings, Purpose, and Intent

The 1993 Florida Legislature studied issues surrounding the use and abuse of alcohol and other drugs. The Legislature determined that substance abuse was a significant health problem leading to such profoundly disturbing consequences as:

• Serious impairment
• Chronic addiction
• Criminal behavior
• Vehicular casualties
• Spiraling healthcare costs
• HIV/AIDS
• Business losses
• Degenerating the learning ability of children

The Legislature also found that substance abuse impairment affects the whole family and society, requiring specialized prevention, intervention, and treatment, that supports and strengthens the family unit.

The purpose of the legislation was to provide for a comprehensive continuum of accessible and quality substance abuse prevention, intervention, and treatment services in the least restrictive environment of optimum care. It aims to protect and respect a client’s rights, especially for involuntary admissions, primarily through community-based, private, or not-for-profit providers involving a wide range of agencies from both the public and private sectors.

Legislators intended the Marchman Act to:

• Ensure a full continuum of services based on identifiable needs delivered without discrimination and with adequate provision for special needs
• Promote healthy lifestyles and discourage substance abuse
• Ensure funding for integrated program evaluation efforts, adequate administrative support, and quality assurance strategies
• Require cooperation of programs, services, and program offices in achieving chapter’s goals and addressing the needs of the clients
• Provide an alternative to criminal imprisonment by encouraging the referral of offenders to service providers not typically available instead of or in addition to criminal penalties
• Provide, within the limits of appropriations (Funding) and safe management of the correctional system, services to impaired offenders who are incarcerated, allowing for a smooth societal transition when their incarceration ends
• Assist impaired persons primarily through health and other rehabilitative services, relieving the police, courts, correctional institutions, and other criminal justice agencies of burdens that interfere with the ability to protect people, apprehend offenders, and maintain safe, orderly communities
• Establish a clear framework for the comprehensive provision of substance abuse services in the context of a coordinated and orderly system
• Protect the freedom of religion of all citizens, preventing any governmental entities from regulating religious, spiritual, or ecclesiastical services

Additional Parts of the Statute

The Florida Statute also includes:

• Clients Rights
• Voluntary Admissions
• Law Enforcement and the Marchman Act Protective Custody
• Emergency Substance Abuse Admissions and Persons with Emergency Medical Conditions
• Alternative Involuntary Assessment for Minors Juvenile Emergency Procedures & Children’s Substance Abuse Services
• Involuntary Substance Abuse Assessment and Stabilization
• Involuntary Treatment
• Consent for Admission and Treatment for Minors
• Offender Referrals Treatment-Based Drug Courts
• Habitual Abusers
• Inmate Substance Abuse Programs
• Marchment Act and Elders
• Marchman Act Notices
• Marchman Act Case Law
• Where to Go for Help
• Duties of the Department Licensure
• Common Licensing Standards
• Marchman Act Tools

According to a 2018 report prepared by the Health in Justice Action Lab, the current opioid crisis in the U.S. created renewed attention to – and legislative interest in – the involuntary commitment of individuals with substance use addiction. As of March 1, 2018, 37 states and Washington D.C. authorize some form of involuntary commitment procedures specifically for substance abuse. Notably, Florida had a little under 9,500 people in involuntary commitment through state-run facilities between 2015 – 2020.