The Clerk’s office maintains the records on involuntary procedures related to mental illness, drug abuse, developmentally disabled, tuberculosis, and adult protective services.

The criteria and procedures for Marchman Act (substance abuse) Baker Act (mental health) cases are different.

Marchman Act

A Marchman Act, is a Florida statute providing emergency intervention for those over-using drugs or alcohol. It’s meant primarily to address serious situations where a chronic substance user refuses to seek, or is incapable of seeking help, and may be a danger to themselves or others of all ages.

The Marchman Act petition must be filed in the County where the individual is currently located.

Who can file a Marchman Act?

Per FL Statute 397.695 Involuntary assessment; persons who may petition:

  1. If the respondent is an adult, a petition for involuntary assessment may be filed by the respondent’s spouse or guardian, any relative, a service provider, or any three adults who have personal knowledge of the respondent’s substance abuse impairment and his or her prior course of assessment and treatment.
  2. If the respondent is a minor, a petition for involuntary assessment may be filed by a parent, legal guardian, or service provider.
Marchman Act Step 1 - Petition for Involuntary Assessment and Stabilization

Step 1

  1. Complete the following for Assessment and Stabilization
  2. Options on ways to submit your filings:
    • Efiling through the eportal Florida Courts E-Filing Portal | File Court Documents Online (myflcourtaccess.com)
    • In person at our Fort Myers Location, 2075 Martin Luther King Jr. Blvd., 2nd Floor, Fort Myers FL 33901
  3. Hearing - Once Clerk’s office receives Petition and Party Information Sheet a case number is assigned, and hearing will be scheduled.
    • Hearings are scheduled every Monday. To ensure adequate service time is provided, below is the cut off for scheduling a hearing:
      • Paperwork received on or before Wednesday is scheduled for the following Monday
      • Paperwork received after Wednesday will be scheduled a week and a half out
  4. Petitioners are required to attend the hearing regardless if subject has been not served. No appearance by either party will result in the case to be dismissed

Note: for additional information please visit Florida Department of Children and Families

What to do if Respondent fails to comply with court order:

If assessment has been granted and subject does not comply, a Motion for Contempt must be filed and a new hearing will be scheduled. Hearings are scheduled every Monday. To ensure adequate service time is provided, below is the cut off for scheduling a hearing:

  • Paperwork received on or before Wednesday is scheduled for the following Monday
  • Paperwork received after Wednesday will be scheduled a week and a half out
Marchman Act Step 2 - Petition for Involuntary Substance Abuse Treatment

Step 2

  1. Complete the following for Treatment:
  2. Options on ways to submit your filings:
    • Efiling through the eportal Florida Courts E-Filing Portal | File Court Documents Online (myflcourtaccess.com)
    • In person at our Fort Myers Location, 2075 Martin Luther King Jr. Blvd., 2nd Floor, Fort Myers FL 33901
  3. Hearing - Once Clerk’s office receives Petition and Party Information Sheet, a case number will be assigned, and a hearing will be scheduled.
    • Hearings are scheduled every Monday. To ensure adequate service time is provided, below is the cut off for scheduling a hearing:
      • Paperwork received on or before Wednesday is scheduled for the following Monday
      • Paperwork received after Wednesday will be scheduled a week and a half out
  4. Petitioner is required to notify the facility of the hearing date and time in order to have them testify at the hearing.
  5. Petitioner is required to attend the hearing regardless if respondent has been not served.
  6. No appearance by either party will result case to be dismissed

Note: for additional information please visit Florida Department of Children and Families

Baker Act

A Baker Act allows for a person to be picked up and transported to the nearest crisis stabilization unit for an involuntary psychiatric examination. The Ex Parte Baker Act Petition must be filed in the county where the individual is currently located.

Who can File an Ex Parte Baker Act?

FL Statute 394.463 states that a petition can be filed by anyone who witnesses the behavior(s) of the individual that is presenting threats to themselves or others due to his/her mental illness.

Ex Parte Baker Act - Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination
  1. Complete the following for Involuntary Examination
  2. Options on ways to submit your filings:

Process

The Court will review the petition. If the criteria required for an involuntary examination has been met, a court order is issued, authorizing a Sheriff to pick up the person at the address provided in the petition. The Sheriff will transport the person to the nearest designated mental health facility. The facility must examine the person within 72 hours to determine the necessity of placement.

Note: for additional information please visit Florida Department of Children and Families.

Habeas Corpus

In accordance with Florida Statute 394.459(8), a person held in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, or attorney, or the department, on behalf of such person, may petition for a writ of habeas corpus. The writ shall request that the court order a return to the writ in accordance with Chapter 79. It may also question the cause and legality of such detention or allege that the patient is being unjustly denied a right or privilege or that a procedure is being abused.  It must be filed in the county where the individual is currently located.

Who can file a habeas corpus?

Under the FL. Statute 394.459

What: Individuals detained under the Baker Act may petition for a writ of habeas corpus

  1. Questioning the cause and legality of such detention,

    2. or

  2. Alleging that the patient is being unjustly denied a right or privilege or that a procedure is being abused.

Must file the Habeas Corpus in the County where the individual is currently located.

Who: Habeas Corpus petition can be filed by the individual currently in the mental institution or rehabilitation facility, by a friend or relative.

 

Habeas Corpus - Petition for Writ of Habeas Corpus or for Redress of Grievances
  1. Complete the following forms:
  2. Options on ways to submit your filing:
  3. After filing for Petition for Writ of Habeas Corpus is processed by the clerk's office, the following three actions may occur:
    • Order granting Petition (individual will be released from the facility.)
    • Order denying Petition (individual will remain at the facility, until discharged)
    • Order to Show Cause and Order Referral to General Magistrate - Hearing is scheduled
      • Hearings are scheduled every Tuesday and Friday with the Magistrate at 8:30 a.m.

Facilities & Resources

SalusCare

Ortiz Campus – Mental Health Services

2789 Ortiz Avenue

Fort Myers, FL 33905

(239) 275-3222

Evans Campus – Substance Abuse and Detox Center

3763 Evans Avenue

Fort Myers, FL 33901

(239) 275-3222

Note: For more information regarding services/treatment provided, please visit SalusCare 

Park Royal Hospital

Mental Health and Substance Abuse services

9241 Park Royal Drive

Fort Myers, FL  33908

(239) 204-2131

Note: For more information regarding services/treatment provided, please visit
Park Royal Hospital

Centerstone

Mental Health and Substance Abuse services

4350 Fowler Street

Suite 15

Fort Myers, FL 33901

1-877-HOPE123 (1-877-467-3123)

Note: For more information regarding services/treatment provided, please visit Centerstone

The Center for Progress and Excellence

Mobile Crisis Line (24 hours/7 days a week)

1-844-395-4432

Note: For more information regarding services/treatment provided, please visit
The Center for Progress and Excellence

Florida Department of Children & Families

Reference Service

Note: For additional information please visit Florida Department of Children and Families