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.

Per Chapter 394 of the Florida Statutes, the Baker Act provides for a process to obtain an ex-parte court order for the involuntary examination of an individual if there is a reason to believe that a person is mentally ill and because of his or her mental illness and the following conditions are met:

  • The person has refused voluntary examination and/or is unable to determine whether an examination is necessary.
  • The person is likely to suffer from neglect and the refusal could threaten his or her well-being, and
  • If there is substantial likelihood that without care or treatment, the person will cause serious bodily harm to himself or herself or others in the near future as evidenced by recent behavior.

A petition and Affidavit Seeking Ex-Parte Requiring Involuntary Examination may be obtained and filed in the Probate Department located in the Juvenile Justice Center, 190 Eslinger Way, Sanford, FL 32773.  The petition can be filed by a person (s) who has firsthand knowledge of the situation.  There is no cost to file the petition.

A judge will review the petition and, if the petition is granted, a pick-up order is issued for examination and is provided to the Sheriff’s Office for service on the respondent.

Note: Ex-Parte proceedings are not appropriate when the person is already in the custody of law enforcement and can be evaluated by trained personnel.

The Marchman Act provides emergency services and temporary detention for substance abuse evaluation for individuals in need.  These Petitions are called Petition for Involuntary Assessment and Stabilization(IAAS) and Petition for Involuntary Services (IS).

A Petition for IAAS may be filed when there is reason to believe that a person is substance-abuse impaired and:

  • Has lost the power of self-control.
  • Is incapable of realizing the need for, and unable to make a rational decision about substance abuse services
  • Has inflicted, attempted or threatened to inflict or, unless admitted to a facility, is likely to inflict physical harm on himself/herself or another.

A Petition for IS may be filed after the individual is assessed and is determined to be in need of substance abuse services.

The Petitions may be filed by the following:  Spouse, Legal Guardian, Any Relative, Private Practitioner, Director of licensed service provider or the Director’s Designee, and an Adult who has direct personal knowledge of the respondent’s substance abuse impairment.

In the case of a minor, only the parents, legal guardian, legal custodian, or licensed service provider can file a Petition.

The Order of IAAS will be issued if the Court finds the criteria have been met.  The Court may order the Sheriff to transport the person to the designated facility for assessment.

Once the Petition for IS if filed, a hearing date is set and the patient is summoned to appear.  The Court will determine if treatment is needed and if the Order for IS is warranted.

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.