When there is reason to believe that a person is substance abuse impaired (with or without a co-occuring mental disorder) and:

• Because of the impairment or disorder, he or she has lost the power of self-control with respect to substance abuse. AND

1. Is in need of substance abuse services, and by reason of substance abuse impairment, the person’s judgment is so impaired that the person is incapable of appreciating the need for, and is unable to make a rational decision in regard to, substance abuse services. OR
2. Without care or treatment, is likely to suffer from neglect or refuse to care for himself; and that such neglect or refusal poses a threat of substantial harm to himself or herself; and that it is not apparent that such harm may be avoided through help of family or friends, or there is substantial likelihood that the person has inflicted, attempted or threatened to inflict, or unless admitted, is likely to inflict, physical harm on himself or herself or another.

The person’s spouse or guardian, any relative of the person, a director of a licensed service provider, a private practitioner, or any adult who has direct personal knowledge of the person’s substance abuse impairment.

In the case of a minor, only the parents, legal guardian/custodian or licensed service provider can file a petition.

You must provide the court with sworn written testimony before a notary that meets the criteria set forth by Florida law. The person must be in the county where the petition is filed and cannot be in jail.  Include the person’s health insurance information, if any, in the petition. The petitioner should also indicate whether the person is a veteran and/or receiving military benefits from the government. By completing the petition, you are asking the court to enter an order requiring the person to be involuntarily transported and assessed at a designated mental health facility.

You may file Petition for Involuntary Assessment and Stabilization at the offices of the Clerk of Court Monday through Friday from 8 AM to 5 PM..

There is no filing fee required to file a Petition for Involuntary Assessment and Stabilization.

The court will review the petition. If the criteria stated above have been met, an Order for Involuntary Assessment and Stabilization will be issued by the Court without a hearing, and the Sheriff may be ordered to transport the person immediately to the nearest designated licensed service provider.  The service provider must assess the person within 72 hours. The assessment and stabilization period may not exceed 5 days.

If the petition does not meet the criteria for an ex parte involuntary examination, the Court may dismiss the ex parte petition or set a hearing on the petition. If set for a hearing, the person will be served with a copy of the ex parte petition and receive notice of the hearing.  The petitioner will also receive notice of the hearing and must attend the hearing in order to provide testimony in support of the petition. The petitioner’s failure to appear at the hearing will result in dismissal of the petition.

If the assessment by a service provider states that the person will need to be involuntarily placed for treatment, the facility may petition the court.. Alternatively, the Petitioner may file a Petition for Involuntary Servicesfor the patient.  Time limits apply to filing a Petition for Involuntary Services.  After the petition is filed, a hearing date is set. The assessment results/discharge summary must be provided to the Court as evidence for the hearing, and a summons to appear at the hearing is issued and served on the patient.  At the hearing the court will hear all the evidence and determine if the Order for Involuntary Services should be granted.