The Plant City location of the Clerk's Office will be closed on Friday, August 17th due to city water main break. All other Clerk locations will be open for business.

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CLERK OF COURT & COMPTROLLER

HILLSBOROUGH COUNTY, FLORIDA

Mental Health

The Mental Health Department maintains the records on involuntary  placements related to mental illness, drug abuse, developmentally disabled, tuberculosis, adult protective services, adjudication of incapacitated persons, restoration of capacity for persons having previously been declared incapacitated, and pre-need guardians. Please read the information brochure for an explanation of the filing process and what to expect. The majority of files maintained in the Mental Health Department are confidential and exempt from public access.
 
NOTE: Photo identification is required for most mental health services.

Mental Health FAQs

How do I view a mental health file?

Electronic viewing of many court records, indexes and dockets as well as non-confidential document images is currently available on our Hillsborough Online Viewing of Electronic Records (HOVER) 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.

If you are authorized under Florida Rules of Judicial Administration to view a court file but are unable to view it online and/or you need a copy, you may view or pick up a copy of the file at our Tampa Edgecomb or Plant City locations. To allow adequate time for redaction processing, it may take four business days for your file to be available for on-site viewing and/or pick-up.

What is a Risk Protection Order?

Florida Statute 790.401 Risk Protection Orders was signed into law March 2018. A Petition for Risk Protection Order can only be filed by a Law Enforcement Agency. There are no fees associated with the filing of these cases. The petition is reviewed by the court within 1 business day of filing. The court may determine, based on the information contained in the petition, to issue a Temporary Risk Protection Order and schedule a full hearing within 14 calendar days.

A petition must:

  1. Allege that the respondent poses a significant danger of causing personal injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or any ammunition, and must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent.
  2. Identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent’s current ownership, possession, custody, or control.
  3. Identify whether there is a known existing protection order governing the respondent under s. 741.30, s. 784.046s. 784.0485 or under any other applicable statute.

 

I am a member of law enforcement. How do I file a Petition for Risk Protection?

Petitions for Risk Protection can be filed by members of law enforcement through the Florida Courts E-Filing Portal. You must first register with the Clerk as a Law Enforcement Agency. A Law Enforcement Agency Registration Form must be completed and submitted to the Clerk of the Circuit Court.

How can I ask the court to vacate a Risk Protection Order against me?

To have a Risk Protection Order vacated, the respondent may submit one written request for a hearing to vacate a risk protection order issued under this section, starting after the date of the issuance of the order, and may request another hearing after every extension of the order, if any.

What is the Marchman Act?

Per Chapter 397 of the Florida Statutes, the Marchman Act provides for the involuntary or voluntary assessment, stabilization and treatment of a person abusing or addicted to drugs or alcohol. In order to file a Marchman Act petition with our office, the respondent/subject must reside in Hillsborough County.

How do I file a Marchman Act petition?

There are 2 steps involved in filing of a Marchman Act case.

The first step is to file a Petition for Involuntary Assessment and Stabilization. The purpose of this petition is to obtain a court order for substance abuse assessment and stabilization when the respondent has refused to voluntarily receive care. The specific requirements to filing this petition are: these petitions are for individuals who are not willing to voluntarily get an assessment or treatment, if recommended, for alcohol or drug abuse. If the respondent (the person needing the care) is an adult, a petition for involuntary services may be filed by the respondent’s spouse or legal guardian, any relative, a licensed service provider, or an adult who has direct personal knowledge of the substance abuse impairment and his or her prior course of assessment and treatment (this person is referred to as the petitioner). If the respondent is a minor, a petition for involuntary treatment may be filed by a parent, legal guardian, or licensed service provider. A judge will review the petition and either deny, grant or set it for a hearing.

If the petition is granted, a pickup order is issued for the respondent for assessment and stabilization. The Agency for Community Treatment Services (ACTS) will contact the petitioner once assessment is completed. The petitioner will then return to courthouse. If denied - no action is required. The petitioner may review the judge’s order. If set for hearing, the petitioner will receive a notice to appear in the mail and the respondent will be served to appear by Hillsborough County Sheriffs Office (HCSO) Civil Processing.

After being contacted by ACTS, the petiioner is required to return to the courthouse to obtain a copy of the assessment and make a determination on whether to file a petition for involuntary Treatment.

The Marchman Act assessment is complete. What's the next step?

The second step is to file a petition for involuntary treatment.

The purpose of this petition is to obtain a court order for involuntary treatment of substance abuse when the person needing care (the respondent) is not willing to go. The specific requirements to filing this petition are: these petitions are for individuals who are not willing to voluntarily get an assessment or treatment, if recommended, for alcohol or drug abuse. If the respondent is an adult, a petition for involuntary services may be filed by the respondent’s spouse or legal guardian, any relative, a licensed service provider, or an adult who has direct personal knowledge of the substance abuse impairment and his or her prior course of assessment and treatment (this person is referred to as the petitioner). If the respondent is a minor, a petition for involuntary treatment may be filed by a parent, legal guardian, or licensed service provider.

A petitioner may complete a petition at the Mental Health Department of the Hillsborough County Clerk of the Circuit Court, located at the Edgecomb Courthouse, 800 East Twiggs Street, Room 205, Tampa, FL 33602. Offices hours are Monday – Friday 8AM to 5PM.

There is no cost to file the petition. The cost for treatment is the responsibility of the person needing care.

How long will a person be held for an assessment under the Marchman Act?

The person needing care under the Marchman Act will be held no longer than 5 calendar days in the receiving facility.

What if a person submits to treatment voluntarily?

If a person needing help is willing to submit to treatment voluntarily, they do not meet the criteria for the Marchman Act.

What is the Baker Act?

The Florida Mental Health Act of 1971 (Florida Statute 394), commonly known as the "Baker Act," allows the involuntary institutionalization and examination of an individual. The Baker Act procedure will provide for court ordered emergency pickup and evaluation for persons who are mentally ill and refuse to seek treatment and are a danger to themselves and/or others.

How do I file a Baker Act petition?

This petition can be filed by a person(s) who has firsthand knowledge of the situation. A petition may be filed through the Mental Health Department of the Hillsborough County Clerk of the Circuit Court, Edgecomb Courthouse, 800 East Twiggs Street, Room 205, Tampa, FL 33602. 

Offices hours are Monday through Friday, 8AM to 5PM.

There is no cost to file the petition. The cost for treatment is the responsibility of the person needing care.

How long does it take for the judge to review a Baker Act petition?

The court will review the petition and make a determination as quickly as possible.

What is an ex-parte order?

An ex-parte order is one that is filed on behalf of only one party without any notice to any other parties. In this case, it is filed without the other party's (the person needing help) knowledge.

How long will a person initially be held under the Baker Act?

A person will be held no longer than 72 hours in the receiving facility under the Baker Act.

Do I have to attend the court hearing?

Yes, the petitioner and the person needing help (respondent) are both required to attend all court dates unless excused by a judge.