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.
Are Baker Act cases confidential?
Yes. Pursuant to Florida Statute 394.464 and Rule 2.420, these case types are confidential and not accessible by the general public.
How do I petition the court for a Baker Act examination?
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.
Can I Baker Act or Marchman Act an individual more than one time?
Yes. Anytime you feel an individual is a danger to himself, herself, or other, you may initiate these procedures.
What happens once an individual is taken to the facility?
The patient is further examined and a determination is made as to whether they need further treatment. The patient may be held for up to 72 hours at the facility. Then, one of three things must happen: 1) the facility must discharge the individual; 2) the facility must allow the individual to sign in voluntarily (if the individual is able to consent); or 3) the facility must file a Petition for Involuntary Placement, and request a hearing.
Will the person know I did this?
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.
How do I petition the court for a Baker Act examination?
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.
