Florida Statutes

Fla. Stat. § 397.675 (2025)

Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and alternative involuntary assessment for minors, for purposes of assessment and stabilization, and for involuntary treatment.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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397.675 Criteria for involuntary admissions, including protective custody, emergency admission, and other involuntary assessment, involuntary treatment, and alternative involuntary assessment for minors, for purposes of assessment and stabilization, and for involuntary treatment.—A person meets the criteria for involuntary admission if there is good faith reason to believe that the person is substance abuse impaired or has a substance use disorder and a co-occurring mental health disorder and, because of such impairment or disorder:

(1) Has lost the power of self-control with respect to substance abuse; and

(2)(a) Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that he or she is incapable of appreciating his or her need for such services and of making a rational decision in that regard, although mere refusal to receive such services does not constitute evidence of lack of judgment with respect to his or her need for such services; or

(b) Without care or treatment, is likely to suffer from neglect or refuse to care for himself or herself; that such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; and that it is not apparent that such harm may be avoided through the help of willing, able, and responsible family members or friends or the provision of other services, or there is substantial likelihood that the person has inflicted, or threatened to or attempted to inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or another.

History.—s. 6, ch. 93-39; s. 737, ch. 95-148; s. 23, ch. 2016-241; s. 26, ch. 2024-245.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1998–2024 · leading case: Cole v. State, 714 So. 2d 479 (Fla. 2d DCA 1998).

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Cole v. State, 714 So. 2d 479 (Fla. 2d DCA 1998). · cites it 7× “However, all of the statutes include as a prerequisite the satisfaction of the test set forth in section 397.675, Florida Statutes (1997): A person meets the criteria for involuntary admission if there is good faith reason to believe the person is substance abuse impaired and,…”

Hayes Robertson Grp. v. Cherry, 260 So. 3d 1126 (Fla. 3d DCA 2018). · cites it 2× “” 2 See § 397.675, Fla. Stat. (2014). 5 The only authoritative reference work relied upon by Mr.”

E.G. v. Dept. of Child. & Familes, 193 So. 3d 78 (Fla. 3d DCA 2016). · cites it 2× “Another statute, section 397.675, Florida Statutes (2015), addresses the circumstances in which a court has the *81 power to order a person into treatment against their will.”

Mary E. Walters v. Paul Freeman, 572 F. App'x 723 (11th Cir. 2014). “The Marchman Act, Fla. Stat. § 397.675 , allows the involuntary commitment of an individual if there is a good-faith reason to believe that she has lost self-control due to substance abuse and either may cause harm to herself or others or is need of substance-abuse services.”

State v. Silliman, 168 So. 3d 245 (Fla. 5th DCA 2015). · cites it 3× “The Marchman Act, section 397.675, Florida Statutes (2013), allows the involuntary commitment of an individual when there is a good-faith reason to believe that he is substance abuse impaired, and, as a result, has lost self-control due to substance abuse and either may cause…”

T. L. v. F. M. (Fla. 2d DCA 2019). · cites it 4× “met the criteria for involuntary admission and stabilization under section 397.675. In that order, the court also appointed regional counsel to represent T.”

In Re: D. H. v. K. J. R. (Fla. 2d DCA 2024). · cites it 3× “§ 397.675. " '[S]ubstance abuse impaired' means a condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance in such a manner as to induce mental, emotional, or physical problems and cause socially dysfunctional behavior.”

Edge-Gougen v. State, 182 So. 3d 730 (Fla. 1st DCA 2015). · cites it 2× “§ 397.675, Fla. Stat. (2015). There is no evidence in the record that this is the situation here.”

Bortolotti v. Gracepoint Mental Health Facility (M.D. Fla. 2019). “Bortolotti argues Florida Statute § 397.675 forbids the information Gracepoint seeks.”

White v. State, 170 So. 3d 77 (Fla. 2d DCA 2015). “§§ 397.675, 397.677, 397.6772. An officer can either take the individual to a hospital or licensed detoxification or addictions facility or, “[i]n the case of an.”

— 397.675(2)(a) — 1 case

In Re: D. H. v. K. J. R. (Fla. 2d DCA 2024). “§ 397.675. " '[S]ubstance abuse impaired' means a condition involving the use of alcoholic beverages or any psychoactive or mood-altering substance in such a manner as to induce mental, emotional, or physical problems and cause socially dysfunctional behavior.”

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