Notices
Public legal notices and court announcements
Confidentiality
NOTICE OF THE RIGHT OF ANY AFFECTED PARTY TO REQUEST THE ADDITION OF INFORMATION TO A PUBLICLY AVAILABLE INTERNET WEBSITE Any affected person has a right to request that a county recorder or Clerk of the Court add information to a publicly available Internet website if that information involves the identity of a respondent against whom a final judgment for an injunction for the protection of a minor under s. 741.30, s. 784.046, or s. 784.0485, F.S., is entered, unless the respondent is a minor. The request must be in writing and contain the case number. To make a request, contact the Clerk’s office by mail, in person at 221 Palafox Place, Suite 110, Pensacola, Florida 32502, or by email at [email protected]. NOTICE OF THE RIGHT OF ANY AFFECTED PARTY TO REQUEST REMOVAL OF CERTAIN CHAPTER 119 INFORMATION OR RECORDS Any person has a right to request that a county recorder remove, from a publicly available Internet website, information made exempt from inspection or copying under s. 119.071, F.S., or an image or copy of a public record, including an official record, if that image or copy is of a military discharge; death certificate, or a court file, record or paper relating to matters or cases governed by the Florida Rules of Family Law, the Florida Rules of Juvenile Procedure, or the Florida Probate Rules. However, grantor, grantee or party names may not be removed from the Official Records index unless the grantor, grantee or party name includes the street address, such as in a Trust or LLC. Requests must be notarized, state the statutory basis for removal, and confirm the individual’s eligibility for the exemption. To make a request, contact complete the Request for Redaction of Exempt Personal Information Form and mail to 221 Palafox Place, Suite 110, Pensacola, Florida 32502. The Clerk is the recorder of all instruments required or authorized to be recorded in one general series of "Official Records" books. Upon payment of the statutory fees, the Clerk records and indexes a variety of important documents which in most cases are related to real estate.
Confidential Information Rules
As Clerks of Court, our offices protect the public by reviewing and redacting confidential personal information included in court documents, and we take this responsibility very seriously. It’s critical for the public to know, the Florida Supreme Court has amended Florida Rules of General Practice and Judicial Administration 2.420 regarding the review and redaction of personal information contained in certain court documents. Starting July 1, 2021, filers will be solely responsible for ensuring any confidential information contained in court records filed with the Clerk is appropriately identified for redaction in these cases. A filer is anyone who submits official court documents with the Clerk in order to start or support a legal action. The amended rule affects small claims, county civil and most circuit civil court cases, except for Jimmy Ryce civil commitments, cases stemming from sexual assault, medical malpractice filings and family law cases. Notice Of Confidential Information Within Court Filing Any court filings made in a Florida court that contain confidential information such as Social Security or bank account numbers, adoption records, HIV test results or information identifying victims of sexual offenses, must be accompanied by a Notice of Confidential Information (PDF). Rule 2.420 outlines 23 categories of information that are automatically confidential in court records such as Social Security numbers, health records, bank account numbers, addresses of domestic violence victims, and juvenile delinquency records. Previously, Clerks were responsible for independently reviewing all filed records to further identify and redact confidential information protected by the rule. In accordance with the amendment, “the clerk shall not be required to identify and designate information as confidential,” in small claims, county civil and most circuit civil circuit civil court documents. Small Claims Cases for legal disputes $8,000 or less. County Court Civil Cases for legal disputes between $8,001 and $50,000. And most Circuit Court Civil Cases above $50,000 and appeals from County Court Filers are required to identify the precise location of all instances of confidential information within the document – including page numbers and attachments, appendices, and exhibits. Clerks and filers will retain dual responsibility to identify confidential information in all other types of filings for family, criminal, juvenile and probate cases.
County Civil Division
County Civil Division handles the following: All Matters of Eviction Breach of Contract Cases Which Involve Monetary Judgment From $8,001 - $50,000 Damages Declaratory Judgments Foreclosure of Mortgages Negligence Other Matters Where a Claimant May Be Made Whole by Receiving a Money Judgment Unlawful Detainer
Landlord/Tenant Disputes
Residential Landlord/Tenant Actions A residential landlord/tenant action applies to the rental of noncommercial dwelling unit with or without a rental agreement. It involves an action filed by a landlord against a tenant or a tenant against a landlord for common disputes dealing with payment of rent and/or noncompliance or breach of a lease or rental agreement. Chapter 83, Florida Statutes, provides general information on landlord/tenant actions. Landlord actions typically involve nonpayment of rent and recovering possession of the rental property. Review this section before starting legal action. Forms You may access printable eviction forms from our Landlord/Tenant Eviction Forms page. For Confidentiality of Court Records forms, visit the Confidentiality of Court Records Forms page. These forms are also available for purchase at both of our Legal Resource Center locations.
Criminal Court
The Criminal Division handles all types of criminal cases which include but is not limited to felony, misdemeanor and traffic charges. Felony A felony is a criminal offense that is punishable under Florida laws (or that would be punishable if committed in Florida) by death or imprisonment in a state penitentiary. Felony charges include, but are not limited to: Aggravated Battery Aggravated Child Abuse Burglary Forgery and Uttering Grand Theft Kidnapping Manslaughter Murder Sexual Battery Misdemeanor Misdemeanors are violations of the law that are less serious than felony offenses. They are punishable by a fine, probation, and/or imprisonment in the county jail for not more than one year. Misdemeanor offenses include: Assault Battery (Domestic Violence) Pettit Theft Possession of Marijuana and Marijuana Paraphernalia Prostitution Related charges Resisting Arrest Without Violence Worthless Checks Ordinance violation cases are punishable by a fine or a civil penalty. Criminal Traffic Criminal traffic is a traffic related charge that requires a court appearance and subjects a person to penalties that include a fine and/or the possibility of a jail term.Criminal Traffic offense include, but are not limited to : DUI (Driving Under the Influence) Driving While License Suspended Knowingly Leaving the Scene of an Accident Reckless Driving
Marriage Licenses
Marriage Licenses | Pasco County Clerk, FL Skip to Main Content Contact Us Office Locations & Hours /QuickLinks.aspx Search Home Records Official Records Marriage Licenses Marriage Licenses Watch a video here Version OptionsMarriage LicensesHeadlinePlease Note: Because of the time involved in processing marriage license applications, we cannot accept applications after 4:00 pm. on How To Apply For A Marriage License. Please Note: Because of the time involved in processing marriage license applications, we cannot accept applications after 4:00 pm. Applicant Requirements BOTH PARTIES MUST APPLY TOGETHER IN PERSON. Effective July 1, 2018, both parties must be at least 18 years of age to marry without the consent of both parents or legal guardians. Also effective July 1, 2018, the age of eligibility for marriage in Florida rose to 17. Individuals who are 17 years of age – but younger than 18 – must have written consent from both parents or legal guardians.In a marriage in which one partner is 17, the other partner must not be more than two years older. The form Affidavit of Parental Consent Form (PDF) may be obtained online or from the Clerk & Comptroller’s Office. The form containing the notarized signatures of both parents (or legal guardians) must be presented at the time of application for a marriage license. Please provide your Social Security numbers, or any other available identification numbers, such as driver license numbers or other photo IDs (passport, military ID), to the Clerk's office to apply. If either party has been divorced or widowed, (s)he must know the month, day, and year the most recent marriage ended. All applicants must read the Family Law Handbook (PDF) provided at the time of application. Complete and print the Marriage License Information Sheet (PDF). This form can be completed online using Adobe Acrobat. If you do not have Adobe Reader installed on your computer, download the free Adobe Reader. Complete and print the Premarital Course and Handbook Statement Form (PDF). If applicants have children together who were born in Florida, an Affirmation of Common Children Form (PDF) must be completed regarding birth information for the children. An additional $3.50 is charged for administering the oath, signing, and attesting to this document. Although the Pasco County Clerk & Comptroller's Office does not officiate weddings, we keep a comprehensive list of available marriage ceremony officiants at your disposal. Protecting Personal or Confidential Information There is a balance between individual privacy and the need to have records readily available for viewing. Should you find a document you believe requires protection of your personal, confidential, or sensitive information, visit our Protecting Personal or Confidential Information page to learn about the options available to protect your information.
Probate
Probate is the legal process through which a deceased person's assets are distributed to the heirs or beneficiaries, per the wishes of the deceased as stated in The Last Will and Testament or if there is no will, according to Florida Law. The Court oversees the estate to ensure that all debts are paid, and assets are properly distributed. Probate is needed when a court order is required to transfer ownership of the deceased's properties or to distribute the assets of the estate. Probate may not be needed if all assets were jointly held and one of the joint holders is the survivor. Probate matters are governed by the laws of the State of Florida (Florida Statutes) and the Florida Probate Rules of Procedure. Examples of Probate Matters Probate matters include: Caveat Disposition of Personal Property Estates (when there are assets to be distributed) Notice of Trusts Safe Deposit Trusts Wills (not filed until the death of the party) Forms Please read the instructions for the forms that you are downloading. Additional forms may be needed depending on your situation. Note: The forms supplied by the Clerk's office are general in nature and may not meet your specific needs. The Clerk does not guarantee the legal sufficiency of these forms; therefore, you may need to consult with an attorney regarding your particular situation. Instructions: Disposition of Personal Property (PDF) Forms: Disposition of Personal Property Without Administration (PDF) Consent and Waiver of Interested party DPP
Seal or Expunge Criminal Record
Seal or Expunge Criminal Record Information for Sealing or Expunging a Record The Pasco County Clerk & Comptroller provides information (PDF) to assist in navigating the process of requesting a criminal history record to be sealed or expunged. To view related forms, visit the Legal Resource Center. For complete instructions and to determine eligibility to have your case record sealed or expunged, you must obtain the seal/expunge packet by visiting the Florida Department of Law Enforcement website. Questions about the laws and rules? Consult an attorney. If you do not have an attorney, contact the West Pasco County Bar Association or the East Pasco Bar Association to inquire about referral services.
Lien Search
The Town of Oakland is proud to announce that we are now partnering with Orange Lien Data to process estoppel searches/requests (or lien requests) from title companies, closing agents and others obtaining information about outstanding debt owed to the Town. Please review the information below: The Town of Oakland will no longer be responding to lien requests/estoppel requests, please do not send lien requests/estoppel requests to the Town of Oakland. Orange Lien Data will be providing timely, enhanced professional quality reports. To ensure a clear title upon transfer of ownership of a property, a lien must be paid prior to the transfer. Orange Lien Data will only report on liens issued by the Town of Oakland. A full search should still be made by the title company or real estate attorney. All lien requests/estoppel requests will now be directed to Orange Lien Data. If you have any questions about this process, please contact Orange Lien Data directly at 407-965-4245 or via email at [email protected].
Common Recertification Questions & Answers
Common Recertification Questions & Answers What buildings qualify for recertification? In response to the Surfside building collapse and Florida Statute 533.899 the City of Boynton Beach passed ordinance 22-025 that requires all Condominium and Cooperative buildings 3 stories or taller and all Threshold buildings to be recertified after 25 years and 10 years after. When is my building required to be recertified? If a milestone inspection is required and building’s certificate of occupancy was issued on or before July 1, 1997, the building’s initial milestone inspection must be performed before December 31, 2024. What if the building is not 25 years old? If you believe the building is not 25 years old, you will need to contact us, we will research further with the Palm Beach County Property Appraiser’s website to verify the age. Another option is to provide a copy of the Certificate of Occupancy issued by the City of Boynton Beach Building Department. I will be demolishing the building; do I still need to have the building inspected? Yes, especially if it is being occupied or still in use. Requests for an exception must be submitted in writing to the Building Official. Will a City of Boynton Beach Inspector come out? No. The City of Boynton Beach’s review is based totally on the Licensed Architect/Professional Engineer’s report. Their seal certifies the integrity of the report. Repairs will be required as stated by the Architect/Engineer. Who submits the report and where? The owner or authorized agent listed on SunBiz may electronically submit the recertification application and reports at Sages permits on the Boynton Beach permitting webpage. What do I need? Applicants must submit the following: Boynton Beach Structural and Electrical Guideline reports must be used. Please note that proprietary report forms will not be accepted. Structural guideline and report Electrical guideline and report • Recertification packages must be uploaded electronically at Sages permits • 1 Structural packet: Must use basic guideline of structural inspection form for recertification report, proprietary report forms will not be accepted. • 1 Electrical packet: Must use basic guideline of electrical inspection form for recertification report, proprietary report forms will not be accepted. • Forms must be properly digitally signed/sealed by a Florida registered Architect or Engineer. The City of Boynton Beach Building Department is paperless, we do not accept paper. • If there is more than one building on the property, a site plan or copy of a survey showing the location of each building must be submitted. The building that is the subject of the Recertification report must be clearly identified on the site plan or survey submitted. • The architect/engineer is required to complete all forms, incomplete submissions will be rejected, the applicant will be notified and will be required to resubmit corrected forms. Please note resubmittal fees may be required. • $400 fee is required at time of submittal. What is required to submit a permit for structural and/or electrical repairs? A permit application completed by a licensed and insured contractor for the appropriate discipline must be submitted electronically. Provide repair plans and documentation detailing what repairs are required and the location of the repairs. Structural calculations may be required. How do I know if a permit is required for repairs? The architect/engineer or contractor that you hire should be able to answer this. Does the building have to be brought up to today’s building code? No. This is a safety inspection of the condition of the building’s structure and electrical system. It determines that whatever is existing is safe. If repairs are required, you may have to make repairs to meet the current code. How do I request an extension to submit reports? The Building Official may issue an extension of not more than 60 days to submit a recertification report or to obtain any necessary permits upon a written extension request from an Engineer/Architect. Such a request must contain a signed and sealed statement from the Engineer/Architect that the building may continue to be occupied while undergoing recertification. Requests must be submitted online. What happens if a building fails to submit the required recertification? If the property owner fails to obtain the recertification within the timeframe required, the property is cited referencing section 116 of the Boynton Beach Amendments “Unsafe Structures” and a Code enforcement case is opened. Unsafe Structures monitors the recertification process thereafter including posting the building unsafe; issuance of a Notice of Violation; referral to the Special Magistrate; and review of Board Order timelines for compliance and repairs, orders to vacate, collections of enforcement cost and any other action deemed necessary. Where may I make a complaint against my association for not maintaining the building? Customers with complaints or concerns about their HOA/management company may contact the state’s Department of Business and Professional Regulation (DBPR) - Division of Condominiums, Timeshares and Mobile Homes. You can submit a complaint online at DBPR, or by contacting their customer contact center at 850-487-1395. What if I no longer own that property? We will verify through the Palm Beach County Property Appraiser’s website that there is a new owner and make changes in our database. If the Property Appraiser still shows you are listed as the property owner, you will need to contact them directly to have it changed.
Ordinances & Resolutions
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Baker Act
Baker Act Chapter 394 of the Florida Statutes is known as "The Baker Act" and as "The Florida Mental Health Act". A Baker Act proceeding is a means of providing an individual with emergency services and temporary detention for mental health evaluation and treatment, either on a voluntary or involuntary basis. Voluntary Baker Act Admission A voluntary Baker Act admission occurs when a person 18 years of age or older, or a parent of a minor, applies for admission to a facility for observation, diagnosis, and treatment. Involuntary Baker Act Admission An involuntary Baker Act admission occurs upon a finding by a court that: A person is mentally ill and, because of the mental illness, he/she has refused voluntary placement for treatment or is unable to determine whether placement is necessary He/she is incapable of living alone or with help, and without treatment is likely to suffer from neglect or refuse to care for him/herself, or there is a substantial likelihood in the near future that he/she will inflict serious bodily harm on him/herself/others as evidenced by recent behavior All less restrictive treatment alternatives are not appropriate Petitions Baker Act and Marchman Act petitions will be accepted and processed at the Clerk's Probate/Mental Health office from 8 a.m. to 4 p.m. and Friday from 8:00 a.m. – 3:00 p.m. Escambia County Sheriffs Office - Baker/Marchman Act Questionnaire (PDF) Mental Health/Baker Act : Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination Note: The forms supplied by the Clerk's office are general in nature and may not meet your specific needs. The Clerk does not guarantee the legal sufficiency of these forms; therefore, you may need to consult with an attorney regarding your particular situation. What is a Baker Act proceeding? How are voluntary and involuntary Baker Act admissions different? How is an involuntary Baker Act proceeding initiated? What steps must be taken to obtain an ex parte order? What happens after the order is issued? How long may a person be held under an ex parte Baker Act order? Where can I find more information about the Baker Act?
Apply for Criminal Indigent Status
If you are seeking the appointment of a public defender based on your inability to pay for a private attorney, per Chapter 27.52, Florida Statutes, complete the Application for Criminal Indigent Status and deliver it to one of the Court Operations locations. There is a $50 fee for each application filed. If the application fee is not paid to the Clerk of Court within 7 days, it will be added to any costs that may be assessed against you at the conclusion of your case.
FREQUENTLY ASKED QUESTIONS – FORECLOSURES
FREQUENTLY ASKED QUESTIONS – FORECLOSURES What are the statutory sales fees for a judicial sale? Where are foreclosure sales held? Who can bid on the properties? How much should I place on deposit? Can the Clerk provide assistance with the sale? What forms of payment are accepted for the deposit? What forms of payment are accepted for the final payment? When will a Certificate of Title be issued? How do I claim surplus funds? What if I can't pay the filing fee?
Support Unconnected w/Dissolution w/o Child(ren)
01 Appendix – General Information for Self-Represented Litigants 02 12.900(a) Disclosure from Nonlawyer 03 12.928 Cover Sheet for Family Court Cases 04 12.904(b) Petition for Support Unconnected With Dissolution of Marriage with No Dependent or Minor Child(ren) 05 12.902(i) Affidavit of Corroborating Witness 06 12.902(j) Notice of Social Security Number 07 12.902(b) Financial Affidavit – Under $50,000 Annual Income 08 12.902(c) Financial Affidavit – Over $50,000 Annual Income 09 2.601 Request to be Excused from E-mail Service for a Party not Represented by an Attorney 10 2.602 Designation of E-mail Address for a Party not Represented by an Attorney 11 2.603 Notice of Change of Mailing Address or Designated E-mail Address 12 12.932 Certificate of Compliance with Mandatory Disclosure 13 FFLF-L Waiver of Mandatory Disclosure 14 12.910(b) Process Service Memorandum 15 12.910(a) Summons – Personal Service on an Individual 16 12.913(a)(1) Notice of Action for Dissolution of Marriage (No Child or Financial Support) 17 12.913(b) Affidavit of Diligent Search and Inquiry 18 12.912(b) Affidavit of Military Service 19 12.922(a) Motion for Default and (b) Default 20 12.924 Notice for Trial 21 12.923 Notice of Hearing (General) 22 12.921 Notice of Hearing (Child Support Enforcement Hearing Officer) 23 FFLF-L Motion To/For 24 12.900(h) Notice of Related Cases 25 12.994(b) Final Judgment for Support Unconnected with Dissolution of Marriage with No Dependent or Minor Child(ren) 26 Supplemental Information Regarding Parties
Substance Abuse Proceedings (Marchman Act) FAQs
Marchman Act Per Chapter 397 of the Florida Statutes, the Marchman Act provides for a process to obtain an ex-parte order for the involuntary assessment and stabilization of a person abusing or addicted to drugs or alcohol when the respondent has refused to voluntarily receive care. 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). 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. Fee There is no filing fee. Marchman Act Injunction Packets are available in the Injunction Office of the Citrus County Courthouse What is the Marchman Act? Chapter 397 of the Florida Statutes is known as the Hal S Marchman Alcohol and Other Drug Services Act of 1993. It provides for the involuntary or voluntary assessment and stabilization of a person allegedly abusing substances like drugs or alcohol, and provides for treatment of substance abuse. What is a voluntary Marchman Act admission? A voluntary admission occurs when a person seeks treatment for substance abuse and applies to a service provider to receive such treatment. What is an involuntary admission for assessment and stabilization? An involuntary admission occurs when there is good faith reason to believe the person is substance abuse impaired, and because of such impairment, the person has lost the power of self control with respect to substance use. The person has inflicted or attempted/threatened to inflict or unless admitted for treatment, is likely to inflict, physical harm to him/herself or another. The person's judgment has been so impaired because of substance abuse that he/she is incapable of appreciating the need for substance abuse services and to make a rational decision regarding substance abuse services.
Tax Deed Surplus
Claiming Surplus Proceeds of a Tax Deed Sale If a property is purchased from a Tax Deed Sale for an amount in excess of the statutory bid of the certificate holder, the surplus must be paid over and disbursed by the Clerk. Pursuant to Florida Statutes 197.582, the claim period expires 120 days after the date of the mailed Notice of Surplus. A person, other than the property owner, who fails to file a proper and timely claim is barred from receiving any disbursement of the surplus funds. The Clerk and Comptroller’s Office must pay all valid liens before distributing to a titleholder and may request additional documentation to evaluate or verify claims. Within 90 days after the claim period expires, the Clerk's Attorney may either file an interpleader action in circuit court, if potentially conflicting claims to the funds exist, or pay the surplus funds according to the Clerk's Attorney's determination of the priority of claims using the information provided by the claimants. The claim shall contain: Completed Tax Deed Claim Form, signed and notarized. Copy of claimants’ photo identification (State issued ID, Driver's License, or Passport). If you are claiming on behalf of the titleholder, a notarized Power of Attorney and W-9 must be included. Any supported documentation. All documents must be originals. If you elect to email your claim, please be sure to mail the originals to our office. Please submit the notarized claim form for Tax Deed Surplus Funds to the following address: By mail: Pasco County Clerk and Comptroller, 38053 Live Oak Avenue, Dade City, FL, 33523 By email: [email protected] A list of the Unclaimed Funds Tax Deed Surplus can be found here.
Building Recertification
Building Recertification In response to the tragic Surfside collapse, the City of Boynton Beach created a building recertification program modeled after Miami-Dade County’s program which has been in effect since 1975. The new state law, mandatory structural inspections FL statute 553.899, created requirements for milestone inspections of residential condominium and residential cooperative association buildings that are three stories and taller. Like Miami-Dade and Broward Counties, the Boynton Beach requirements include Threshold buildings and electrical service equipment excluding unit panels. Other changes of note Requires 25-year recertification for all qualifying buildings within the city limits, then 10 years after. All improved balconies and guardrails are to be inspected during a phase one inspection The purpose of the recertification program is to maintain the structural and electrical systems integrity of a building throughout the life of the building, in order to protect the public health, safety, and welfare of its inhabitants. The program is not intended to determine if the condition of an existing building is in compliance with the Florida Building Code, National Electrical Code, or the Fire Safety Code. Structures that are Impacted Condominium/Cooperatives. An owner or owners of a building that is three stories or more in height as determined by the Florida Building Code and that is subject, in whole or in part, to the condominium or cooperative form of ownership as a Residential Condominium association as defined under Florida Statute 718 and Residential Cooperative association as defined under Florida Statute 719. Threshold Buildings, any building which is greater than three stories or 50 feet in height, or which has an assembly occupancy classification as defined in the Florida Building Code which exceeds 5,000 square feet in area and an occupant content of greater than 500 persons. Exceptions Single-family, two-family, three-family, and Townhomes with three or fewer habitable stories above ground. State University and Palm Beach County School buildings. U.S. Government, State of Florida, Palm Beach County, and local municipal buildings.
Legal Notices
The City of Fernandina Beach, in its provision of services to citizens and visitors, ensures freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status. Anyone with concerns about discrimination, or requests for special accommodation or translation services should contact the City Clerk at (904) 310-3115, TDD/TTY 711 This institution is an equal opportunity provider and employer. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public-records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. One Parking privacy policy.
Mental Health Proceedings (Baker Act) FAQs
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 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. The petition can be filed by a person(s) who has firsthand knowledge of the situation. 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. Baker Act Injunction Packets are available in the Injunction Office of the Citrus County Courthouse. For more information regarding the Baker Act process and procedure, please visit the Florida Department of Children and Families Baker Act Handbook located here. What is a Baker Act proceeding? Chapter 394 of the Florida Statutes is known as The Baker Act and The Florida Mental Health Act. A Baker Act proceeding is a means of providing an individual with emergency services and temporary detention for mental health evaluation and treatment, either on a voluntary or involuntary basis. How are voluntary and involuntary Baker Act admissions different? A voluntary Baker Act admission occurs when a person 18 years of age or older, or a parent of a minor, applies for admission to a facility for observation, diagnosis, and treatment. An involuntary Baker Act admission occurs upon a finding by a court that a person is mentally ill and, because of the mental illness, he/she has refused voluntary placement for treatment or is unable to determine whether placement is necessary. They are incapable of living alone or with help, and without treatment are likely to suffer from neglect or refuse to care for him/herself, or there is a substantial likelihood in the near future that he/she will inflict serious bodily harm on him/herself or others as evidenced by recent behavior. All less restrictive treatment alternatives are not appropriate. How is an involuntary Baker Act proceeding initiated? A law enforcement officer may take a person who appears to meet the criteria for involuntary examination into custody and deliver the person to the nearest receiving facility for an examination. A physician, clinical psychologist, psychiatric nurse, or clinical social worker may execute a certificate that he or she has examined a person within the preceding 48 hours and finds that the person appears to meet the criteria for involuntary examination. A law enforcement officer shall take the person named in the certificate to the nearest receiving facility for an examination. A court may enter an ex parte (on behalf of one party, without notice) order stating that the person appears to meet the criteria for involuntary examination. A law enforcement officer shall take the person into custody and deliver him or her for an examination. What steps must be taken to obtain an ex parte order? Persons who have personal knowledge of the behavior of the individual, should give sworn testimony. The individual believed to be suffering from mental illness should be in Citrus County. The petitioner(s) must have observed the behavior and must have talked to the individual about obtaining a voluntary examination within a few days. The Clerk's Office will assist with the necessary paperwork.Because paperwork must be processed, the petitioners should visit the Clerk's Office well before 5 p.m. The petitioners should bring a valid photo identification of themselves, two witnesses (if possible), and should be prepared to provide a specific address for the individual. What happens after the order is issued? The order will be taken to the Civil Process Division of the Citrus County Sheriff’s Office, which will take the person into custody and to a receiving facility. The person is examined at the facility and the staff and doctors there determine any further action. The receiving facility is LifeStream Citrus County Access Center located at:6 Regina Blvd Ste 12Beverly Hills FL 34465 The person will then be transported to the LifeStream facility in Leesburg located at: 2020 Tally Rd, Leesburg FL 34748 How long may a person be held under an ex parte Baker Act order? A person may not be held for more than 72 hours.