Electronic viewing of many court records, indexes and dockets as well as non-confidential document images is currently available on our Lee County Clerk of Court Viewing of Electronica Records site, as authorized by the Florida Supreme Court. Pursuant to Florida Rules of Judicial Administration, access to all electronic and other court records shall be governed by the Standards for Access to Electronic Court Records and Access Security Matrix. Please note that the majority of files maintained in the Mental Health Department are confidential and exempt from public access.

Parties to the case, under Florida Rules of Judicial Administration to view a court file may pick up a copy of the file In person at our Fort Myers Location, 2075 Martin Luther King Jr. Blvd., 2nd Floor, Fort Myers FL 33901.

The Clerk's Mental Health Division maintains court records when a person is involuntarily committed for the treatment of substance abuse.

The legal process that is commonly referred to as The Marchman Act.

The Marchman Act allows family and friends to petition the court to obtain an involuntary assessment and treatment for a substance abuser. First, a Petition for Involuntary Assessment is filed, and if the court enters an Order for Involuntary Assessment, the patient is taken to a facility licensed by the Department of Children and Families. Within five days, the court will receive a written assessment and can proceed with the Petition for Involuntary Treatment. At the hearing, if the court issues an Order for Involuntary Treatment, the patient can be admitted to the facility for a period not to exceed 60 days.

Family Court Services can assist you with filing the Petition for Involuntary Assessment. The Service Provider, usually Southwest Florida Addiction Services may assist with the filing for the Petition for Involuntary Treatment.

Yes. Pursuant to Florida Statute 394.464 and Rule 2.420, these case types are confidential and not accessible by the general public.

A petition for an ex-parte order is available at the Probate Department. For an order to be issued allowing law enforcement to transport a person to a receiving facility for an involuntary psychiatric examination, all of the following must be met:

• there must be reason to believe that the person is mentally ill
• because of the illness, the person has refused a voluntary examination after being asked by the petitioner
• without care or treatment the person will harm himself/herself or another
• the petitioner must have observed the behavior of the person
• the person must be physically located in Lee County and the petitioner has to supply a valid location for service

The petitioner must bring valid photo identification with a signature, such as a driver license/ID, passport, or resident alien card.

There is no filing fee for this petition. The facility will arrange for the examination within 72 hours.

Yes. Anytime you feel an individual is a danger to himself, herself, or other, you may initiate these procedures.

Yes. The Lee County Sheriff’s Office serves the person with a copy of the petition and the order entered by the Judge. The mental health receiving facility is also provided copies and they become a part of the person’s records at that facility. If the patient requests to see his or her records, the facility must allow access.

A petition for an ex-parte order is available at the Probate Department. For an order to be issued allowing law enforcement to transport a person to a receiving facility for an involuntary psychiatric examination, all of the following must be met:

• there must be reason to believe that the person is mentally ill
• because of the illness, the person has refused a voluntary examination after being asked by the petitioner
• without care or treatment the person will harm himself/herself or another
• the petitioner must have observed the behavior of the person
• the person must be physically located in Lee County and the petitioner has to supply a valid location for service

The petitioner must bring valid photo identification with a signature, such as a driver license/ID, passport, or resident alien card.

There is no filing fee for this petition. The facility will arrange for the examination within 72 hours.