VICTOR D. CRIST

EXCELLENCE IN SERVICE!

CLERK OF COURT & COMPTROLLER

HILLSBOROUGH COUNTY, FLORIDA

Mental Health and Risk Protection Orders

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:

Allege that the respondent (defendant) 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.
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.
Identify whether there is a known existing protection order governing the respondent under s. 741.30, s. 784.046, s. 784.0485 or under any other applicable statute.

More information is available on the Florida Courts website [external link] about Risk Protection Orders.

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 (defendant) may submit one written Request for a Hearing to Vacate a Risk Protection Order [external website link] 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. Additional forms can be found on the Florida Courts Risk Protection Orders page [external website link].

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?

File a Petition and Affidavit for Involuntary Treatment Services. The purpose of this petition is to obtain a court order for involuntary treatment of substance abuse when the person needing treatment (the respondent) is not willing to go. If the respondent is an adult, a petition for involuntary treatment services may be filed by any adult who has direct personal knowledge of the substance abuse impairment and his or her prior course of treatment (this person is referred to as the petitioner). If the respondent is a minor, a petition for involuntary treatment may be filed only by a parent, legal guardian, or licensed service provider. All petitions are set for a hearing. The petitioner may also request an Ex-parte order when filing the petition.

A judge will review the petition to determine if the Ex-parte order is granted or denied. If it is granted, the Clerk’s office will send the order to HCSO for pickup. If it is denied, then the petitioner may bring additional evidence to the court hearing.

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. Office hours are Monday – Friday 8AM to 5PM.

There is no cost to file the petition.

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.

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.

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:

Mental Health Department of the Hillsborough County Clerk of the Circuit Court, Edgecomb Courthouse
800 East Twiggs Street, Room 205, Tampa, FL 33602

Hillsborough County Courthouse-Plant City
301 N. Michigan Ave, Room 1071, Plant City, Florida 33563

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.