Not all mental health records are confidential. Acts concerned with mental health include:
Baker Act: A process established by Florida Statutes by which a person whose current mental state poses a danger to that person or to other may be taken to a mental health receiving facility for an involuntary examination.
Marchman Act: A process established by Florida Statutes by which a person may be admitted for an involuntary evaluation to determine if his or judgment is impaired due to substance abuse and he or she has, therefore, lost the power of self-control with respect to substance abuse and poses a danger to himself or herself or to another person.
Risk Protection Order
A petition for a Risk Protection Order may be filed only by a Law Enforcement Officer or Agency, and alleges that the respondent poses a significant danger of causing personal injury to himself or herself or to others by having a firearm or any ammunition in his or her custody or control. If you believe someone poses a danger to himself or herself or to others if he or she has access to firearms or ammunition, please contact your local Law Enforcement Agency.
NOTE: If a guardianship is pending, the Petition must be filed in that case; otherwise, it must be filed in the circuit where the vulnerable adult resides.
Petitions may be filed Monday through Friday from 8:00am to 4:30pm at the Clerk of the Court Probate Department located in the Juvenile Justice Center, 190 Eslinger Way, Sanford, FL 32773.
For further information, you may contact the Clerk’s Office at (407)665-4328.
Why File in Seminole County
Per Florida Statute 397.681 the petition for involuntary assessment and stabilization must be filed with the Clerk of Court in the county where the person is located (not where the person resides if different).
Ex Parte Orders
An Ex Parte Order is one that is entered by a judge after only hearing from one party. An Ex Parte Order is not a specific document to be filed by someone; rather, Baker Acts and Marchman Acts are two types of petitions that can be filed and possibly granted by a judge entering an Ex Parte Order.
Petitions may be filed Monday through Friday from 8:00am to 4:30pm at the Clerk of the Court Probate Department located in the Juvenile Justice Center, 190 Eslinger Way, Sanford, FL 32773.
For further information, you may contact the Clerk of Court’s Office at (407)665-4328.