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  13. Mental Health FAQs

Mental Health – Frequently Asked Questions

NOTE: Florida law prevents staff of the Lake County Clerk’s Office from providing legal advice. The information, forms, and documents contained on this website are provided to help those seeking to represent themselves without the assistance of an attorney and are meant to serve as a guide only.

We do not guarantee that the information provided will achieve the result you desire. If you are using the forms or documents provided on this website, you do so at your own risk.

Can I petition for Baker Act or Substance Abuse (Marchman Act) more than one time?

Yes. Anytime you feel that an individual is a danger to himself, herself, or others, you may initiate these procedures.

Will the person know that I did this?

Yes. The Sheriff’s Office serves the person with a copy of the petition and the order entered by the Judge. The mental health receiving facility is also given copies and they become a part of the person’s records at that facility. If the patient requests to see his or her records, the facility must allow access.

What does the order provide?

The order grants the authority for the Sheriff’s Office to take the person to a facility for an examination.

Will I be able to talk to the judge when filing a Baker Act?

Usually, the judge makes a decision based upon the contents of the petition only. If the judge finds that there is sufficient cause, he or she will enter an order directing the Lake County Sheriff’s Office to transport the person to the appropriate facility.

How do you Baker Act someone?

A Baker Act petition may be filed alleging the person needing involuntary examination has refused voluntary examination or is unable to determine whether an examination is necessary and the person will suffer from neglect, will harm himself or herself or others.

The Clerk’s Office staff will immediately present any Baker Act petition to a judge for review. The judge will determine if there is sufficient cause to enter an order directing the Lake County Sheriff’s Office to transport the person to an appropriate facility.
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