In Lee County, a Marchman Act petition for involuntary substance abuse services is filed with Lee County Clerk of Court, in Florida's Judicial Circuit 20. The petition asks a judge to order assessment, stabilization and, if needed, treatment for someone who has lost control of their substance use.
Filing in Lee County
- Where to file: Lee County Clerk of Court (official Marchman Act information)
- County seat: Fort Myers
- Judicial circuit: Judicial Circuit 20
- Publicly funded services: Central Florida Behavioral Health Network
Lee County is part of Florida's Twentieth Judicial Circuit, along with Charlotte, Collier, Glades and Hendry counties.
The Lee County Clerk's Mental Health page states that a Marchman Act petition must be filed in the county where the individual is currently located.
For adults, the Clerk notes that a petition may be filed by the person's spouse or guardian, any relative, a service provider, or any three adults (s. 397.695, F.S.).
For a minor, the Lee County Clerk notes that a Marchman Act petition may be filed by a parent, legal guardian or service provider.
The current s. 26.021, F.S., confirms the Twentieth Judicial Circuit is composed of Charlotte, Collier, Glades, Hendry and Lee counties.
Sources
How the process works
- File the petition for involuntary treatment services with the clerk. Florida law bars a filing fee.
- The judge reviews it. In an emergency the court can issue an ex parte order for law enforcement to take the person to a licensed provider.
- Assessment within 72 hours for adults (longer if detox or medical care is needed).
- Hearing within 10 court working days. The person has a right to a lawyer.
- Treatment order of up to 90 days if the petition is granted, renewable for up to 90 more, with discharge planning at the end.
Details: how to file a Marchman Act · requirements · how long it lasts
Detox and treatment near Lee County
Courts order Marchman Act assessments and treatment at licensed providers. Voluntary admission is often faster and is worth trying first.
WhiteSands Alcohol and Drug Rehab – Fort Myers
Residential / inpatientMedical detoxDual diagnosisCeladon Recovery Center
Residential / inpatientMedical detoxDual diagnosisCharlotte Behavioral Healthcare Inc
Hospital / inpatientMedical detoxDual diagnosisValiant Recovery
Residential / inpatientMedical detoxDual diagnosisPort Charlotte Detox
Residential / inpatientMedical detoxA specialist can help you decide between voluntary treatment and a Marchman Act petition. Free and confidential, 24/7.
Call (866) 649-0814See the full Marchman Act guide, Marchman Act vs Baker Act and treatment in Lee County. This page is general information, not legal advice.
Neighboring counties
- Marchman Act in Charlotte County
- Marchman Act in Collier County
- Marchman Act in Hendry County
- Marchman Act in DeSoto County
Frequently asked questions
Where do I file a Marchman Act in Lee County?
Marchman Act petitions in Lee County are filed with Lee County Clerk of Court in Fort Myers. Check the clerk's official page for current forms and hours.
Who can file a Marchman Act petition?
For an adult, a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person's substance abuse impairment and prior treatment history can file. For a minor, only a parent, legal guardian or service provider can file.
Does the person get a lawyer?
Yes. The person named in the petition has a right to a lawyer at every stage, and the court can appoint one through the office of criminal conflict and civil regional counsel. The person who files does not get a court-appointed lawyer.