To start a Baker Act examination in Florida as a family member or concerned person, you file a Florida Baker Act form called the Petition and Affidavit Seeking Ex Parte Order Requiring Involuntary Examination (CF-MH 3002) at the Clerk of the Circuit Court in the county where the person is located. There is no filing fee, and you sign it under oath before a notary or deputy clerk. A judge then reviews your sworn description and decides whether to order law enforcement to transport the person to a receiving facility for evaluation.
Which Form Applies to You
Florida law recognizes three ways to initiate an involuntary examination, and each uses a different form. A law enforcement officer who encounters someone in crisis uses CF-MH 3052a. A licensed professional who has examined the person within the past 48 hours can execute a professional certificate, CF-MH 3052b (sometimes called a “BA-52”), without needing a judge’s approval.1Florida Senate. Florida Code 394.463 – Involuntary Examination
If you are a family member, friend, or anyone else with firsthand knowledge of the person’s behavior, the form you need is CF-MH 3002, the ex parte petition. That is the form this article walks through.
How to Fill Out the Petition (CF-MH 3002)
The petition is a sworn statement asking a judge to order an involuntary examination. Download it ahead of time from the Florida Department of Children and Families website to see what you will need to write, but plan to sign it in person at the clerk’s office in front of a notary or deputy clerk.2Florida Department of Children and Families. Baker Act Forms Bring valid photo ID.
The person you are petitioning about must be physically located in the county where you file, and cannot be in jail.3The Eighth Judicial Circuit of Florida. Ex Parte Baker Act and Marchman Act
The form asks for four categories of information:
- Identifying information about the person. Full legal name, current address, and a physical description so law enforcement can locate and recognize them.
- Behavioral observations. Specific, recent actions you personally witnessed that show the person is likely to cause serious bodily harm to themselves or others, or that without care they will suffer from self-neglect. “Seems depressed” or “acts erratically” is not enough. Write what the person did or said, when it happened, and why it concerned you.
- Refusal or inability to seek help on their own. Describe how the person has refused a voluntary examination or is unable to decide for themselves whether they need one.3The Eighth Judicial Circuit of Florida. Ex Parte Baker Act and Marchman Act
- Known mental health history. Any prior mental illness or earlier Baker Act episodes you know about. If you do not have this information, you do not have to supply it.
Use clear, factual language. You are not diagnosing anyone. You are describing what you saw. Avoid clinical terminology unless you are a licensed professional yourself. The judge will decide whether your sworn description meets the legal standard, and specificity carries more weight than anything else on the page.
You sign the completed petition under oath before a notary or deputy clerk, which converts it into a sworn affidavit. Knowingly providing false information carries legal consequences.3The Eighth Judicial Circuit of Florida. Ex Parte Baker Act and Marchman Act
Where and How to File
File at the Clerk of the Circuit Court during regular business hours, generally Monday through Friday. Depending on the county, Baker Act petitions are handled by the civil or probate division.4Seminole County Clerk of the Circuit Court and Comptroller. Mental Health There is no cost to file.5Jefferson County Florida Clerk of Court. Mental Health
You do not appear in front of the judge. The clerk forwards your sworn petition to a judge, who reviews it on the papers alone. Clerk staff are usually familiar with the process and can answer procedural questions, but they cannot give legal advice.
What Happens After You File
If the judge finds the legal criteria are met, the court issues an ex parte order (form CF-MH 3001) directing a law enforcement officer to take the person into custody and transport them to the nearest designated receiving facility.6Florida Statutes. Florida Code 394.462 – Transportation If the judge finds your petition falls short, it is denied and no order is issued.
Once the person arrives at the facility, staff have up to 72 hours to evaluate them.7Florida Certification Board. Frequently Asked Questions – Involuntary Examinations Chapter 394, Florida Statutes Before that window closes, the facility must do one of three things: release the person, transfer them to voluntary status with their consent, or petition the court for involuntary inpatient placement or involuntary outpatient services. If none of those happens in time, the person must be released.
The 72-hour clock does not pause for weekends or holidays. If the period ends on a weekend or holiday and the facility plans to file a petition for involuntary services, it may hold the person through the next business day and must file by close of business that day. If it does not plan to file, it can delay release only until the next business day, and only if a qualified professional documents that discharge planning cannot be completed sooner.8Florida Statutes. Florida Code 394.463 – Involuntary Examination
When to Call 911 Instead
The ex parte petition is designed for situations where you have time to go to the courthouse. If someone is in immediate danger right now, call 911. A law enforcement officer who responds can initiate a Baker Act examination on the spot using CF-MH 3052a, with no court order and no waiting.
Where to Get the Form
You can get CF-MH 3002, and every other Baker Act form, from two places:
- The Florida Department of Children and Families website at myflfamilies.com, which hosts the full set of mandatory and supplemental forms, including the petition (CF-MH 3002) and the ex parte order template (CF-MH 3001).2Florida Department of Children and Families. Baker Act Forms
- Your county Clerk of the Circuit Court, which keeps paper copies and can help you complete the petition in person.
If you are a family member or friend trying to help someone in crisis, go to the clerk’s office rather than trying to finish the petition at home. You will need to sign under oath in front of a notary or deputy clerk anyway, and the clerk can route your petition to a judge the same day. Reading the form in advance helps: have the person’s full name, current address, physical description, and a written account of the specific behaviors you witnessed ready before you walk in.