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Mental Health

The Mental Health Department provides services for those facing mental health or substance abuse challenges. Petitions are accepted Monday through Friday from 8 AM to 4 PM. Please note that you will need to bring your own valid photo ID and enough identifying information about the individual you are filing on to complete an information sheet (their date of birth is required).

The individual you are filing on must be located in Duval County.

Baker Act

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What is the Baker Act?

A Baker Act proceeding is a means of providing an individual with emergency service for mental health evaluation (known as examination) and/or treatment (known as placement). The provisions of the Baker Act are outlined in Chapter 394 of the Florida Statutes.

Who Can file a petition for involuntary examination and what is the filing fee?

Any party over 18 years of age with firsthand knowledge, who believes that the person is a danger to themselves or others, may file a petition for involuntary examination. There are no fees to initiate a Baker Act proceeding.

Can I file a Baker Act against a minor?

Yes.

Can I file my petition online?

Yes, you may file using the statewide efiling portal available at myflcourtaccess.com.

Please use the Baker Act Petition form.

Will a hearing be held regarding my petition for involuntary examination?

No, the Judge will enter an order based on the sworn allegations contained in the petition.

If my petition is approved by the judge, what happens next?

If the Judge grants the request for an involuntary examination, the order will be forwarded to the Sheriff’s Office for a service attempt. If the respondent is served, they will be delivered to the nearest receiving facility. If you have an approved order, you may also call the Jacksonville Sheriff’s Office non-emergency number at (904) 630-0500 and ask that an officer meet you to serve the Respondent. You may be required to produce a copy of the signed order.

How long is an approved order valid?

An order for Involuntary Examination is valid for 7 days unless otherwise specified in the order.

What if the order is not served?

The order is only enforceable for the period specified in the order. If the order is not served during this period, it will expire and you will need to submit a new petition.

Can I choose what facility the Respondent is delivered to for the evaluation?

No. If the Respondent is served, they will be delivered to the nearest receiving facility with availability.

After the respondent is delivered to the receiving facility, how long will they stay?

After the Respondent is delivered to the receiving facility, they may be held for 1 to 72 hours. If, after examining the Respondent, the administrator of the receiving facility recommends that the Respondent receive involuntary services, they may be retained by the facility.

What if my petition is granted, the Respondent has not been served, and I no longer believe they need an assessment?

You may file a notarized Motion to Dismiss Ex Parte Order.

If you have filed your petition, but an order has not been entered, you may file a notarized Notice of Voluntary Dismissal.

What if the person who is being held at a receiving facility under involuntary placement believes they are unlawfully detained or imprisoned?

A Petition for Writ of Habeas Corpus may be filed. This may be filed by a person held in a receiving or treatment facility, or a relative, friend, guardian, guardian advocate, representative, attorney, or the department, on behalf of such person.

I was Baker Acted and now I cannot own or possess a firearm. How can I restore my right to own or possess a firearm?

You may file a Petition for Relief from Firearm Disabilites Imposed by the Court. Your petition will be reviewed by a judge who will either grant the relief, deny the relief or set the matter for a hearing.

Baker Act Receiving Facilities

Baptist Medical Center Jacksonville
- 800 Prudential Drive, Jacksonville, FL 32207
- (904) 202-2000

Memorial Hospital of Jacksonville
- 3625 University Boulevard South Jacksonville, FL 32216
- (904) 702-6111

Mental Health Resource Center - North
- 3333 West 20th Street, Jacksonville, FL 32254
- (904) 695-9145

Mental Health Resource Center - South
- 11820 Beach Blvd., Jacksonville, FL 32246
- (904) 642-9100

River Point Behavioral Health
- 6300 Beach Blvd., Jacksonville, FL 32216
- (904) 724-9202

UF Health Jacksonville (Shands Jacksonville)
- 655 West 8th Street, Jacksonville, FL 32209
- (904) 244-0411

Wekiva Springs, LLC
- 3947 Salisbury Road, Jacksonville, FL 32216
- (904) 296-3533

Marchman Act

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What is the Marchman Act?

The Marchman Act is a Florida law that allows for the involuntary assessment and stabilzation of individuals struggling with substance abuse. It enables family members or other concerned individuals to petititon the court for an order requiring an individual to undergo substance abuse assessment and/or treatement, even if they are unwilling to seek help themselves.

To be eligible for involuntary service placement, an individual must meet the following criteria for admission: there is good faith reason to believe the person is substance abuse impaired and, because of such impairment has lost the power of self-control with respect to substance use; and either has inflicted, or threatened or attempted to inflict, or unless admitted is likely to inflict, physical harm on himself or herself or another; or Is in need of substance abuse services and, by reason of substance abuse impairment, his or her judgment has been so impaired that the person is incapable of appreciating his or her need for such services.

The provisions of the Marchman Act are outlined in Chapter 397 of the Florida Statutes.

Who can file a Petition for Marchman Act?

The Marchman Act can be initiated by a spouse, a legal guardian, any relative, or three concerned unrelated adults with personal knowledge of the individual's substance abuse impairment. Additionally, a licensed service provider or their director can also file a petition.

For minors, the petition can only be filed by their parent, legal guardian, legal custodian, or a licensed service provider.

Can I file my petition online?

Yes, you may file using the statewide efiling portal available at myflcourtaccess.com.

Please use the Marchman Act Petition form.

Can I file a March Act against a minor?

Yes, but if the Respondent is a minor, the case may only be initiated by the minor’s parent, legal guardian, legal custodian, or a licensed service provider. After the petition is filed, a hearing will be scheduled.

What are the filing options?

Detox Option
You may request that the Respondent be taken to Gateway for detox. If approved, the order is only enforceable for 7 days unless otherwise specified.

Court Date Option
You may file a petition, and a hearing will be scheduled with the Magistrate. A summons will be issued, and the Sheriff’s Office will attempt to serve the Respondent. If the Respondent is served, the Magistrate will determine if the party will be ordered by the Court to complete an assessment.

If I choose the detox option, what happens after I file my petition?

If the order is approved, the Sheriff’s Office will attempt to serve the Respondent at the address you provide on your information sheet, and they will attempt to deliver them to Gateway.

What happens if the Respondent is served with a notice to appear and fails to appear?

The court may dismiss the case, reschedule the hearing, or may enter a writ of bodily attachment for the respondent to be brought to the proceeding.

What happens if I choose the court date option and the Respondent is not served with the summons?

The Court may dismiss the case or reset the hearing.

Additionally, if the petitioner fails to appear at the hearing the case may be dismissed.

What happens if the Respondent is ordered to complete the assessment, but they fail to comply?

The facility may file a motion for contempt.

What if my petition is granted, the Respondent has not been served, and I no longer believe they need to detox?

You may file a notarized Motion to Dismiss Ex Parte Order.

If you have filed a petition for a hearing, but no order has yet been entered, you may file a notarized Notice of Voluntary Dismissal.

Marchman Act Receiving Facilities

Gateway
- 555 Stockton Street, Jacksonville, FL 32204
- (877) 389-9966

Tides Edge Detox Center * assessments only
- 1597 The Greens Way, Jacksonville Beach, FL 32250
- (904) 593-9353

Exploitation of Vulnerable Adult

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What is a Petition for Injunction for Protection Against Exploitation of a Vulnerable Adult?

A Petition for Injunction for Protection Against Exploitation of a Vulnerable Adult is filed to seek a court order to protect a vulnerable adult from financial or other types of exploitation. This petition is filed when there is reasonable cause to believe an adult is being, or is in imminent danger of being, exploited.

A vulnerable adult is a person 65 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.

The provisions of this petition can be found in Chapter 825 of the Florida Statutes.

Who can file a Petition for Injunction Against Exploitation of a Vulnerable Adult?

A vulnerable adult in imminent danger of being exploited, the guardian of a vulnerable adult who is in imminent danger of being exploited, a person or organization acting with consent of the vulnerable adult, their guardian, an agent under a valid durable power of attorney with the authority specifically granted in the power of attorney, or a person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult.

What constitutes exploitation?

Depriving the vulnerable adult of his or her funds or property, depriving the vulnerable adult with diminished capacity of funds or property, breach of a fiduciary duty to the vulnerable adult, bank account misuse, or failure to provide necessities.

Where can I file the petition?

If a guardianship is pending, the petition must be filed in that case; otherwise, it must be filed in the county where the vulnerable adult resides.

Can I file the petition online?

Yes, you may file using the statewide efiling portal available at myflcourtaccess.com.

Please use the Vulnerable Adult Petition form.

What happens after the petition is filed?

The court will review the petition and may grant a temporary injunction, deny the petition with a hearing, or dismiss the petition. If a temporary injunction is approved, or the case is set for a hearing, the hearing will occur within 15 days.

If a temporary injunction is approved, or the petition is denied with a hearing, how will the Respondent be notified?

The Clerk will forward the appropriate documents to the Sheriff’s Office in the county where the Respondent may be located to attempt service.

What if the Respondent has been served and is in violation of the order?

You may file an Affidavit of Violation of Injunction Against Exploitation of a Vulnerable Adult.

Mental Heath Information Sheet

Notice of Related Cases

Baker Act Petition

Marchman Act Petition

Vulnerable Adult Petition

Information about Injunction for Protection for Vulnerable Adults

Affidavit of Violation of Injunction Against a Vunerable Adult

Motion for Modification of Injunction Against Exploitation of a Vulnerable Adult