What are the rules for the Baker Act in Florida?

by | May 18, 2020

Ask CCHR Series

For a person to be taken into custody under a Baker Act three criteria (rules) must be met:

  1. There is reason to believe that the person is mentally ill.
  2. Because of his or her mental illness the person has refused voluntary examination or is unable to determine whether examination is necessary; and
  3. Without care or treatment, the person is likely to suffer from neglect resulting in real and present threat of substantial harm that can’t be avoided through the help of others; or there is substantial likelihood that without care or treatment the person will cause serious bodily harm to self or others in the near future, as evidenced by recent behavior.

All three rules must be met for a person to be Baker Acted.

For more information on the Baker Act click here.

7 Comments

  1. charlotte hamrick

    MY BROTHER WAS PLACED IN SEASIDE HEALTH AND REHAD AFTER HE LOST HIS WIFE ANDHE NEEDS A LAWYER TO GET HIM OUT OF THERE HE HAS BEEN THERE FOR 43 DAYS THEY CONTINUE TO KEEP HIM FOR NO REASON THAT I CAN SEE

    Reply
    • CCHR Florida

      If you still need help please call our office at 800-782-2878 and ask to speak to an advocate.

  2. Brian Lee

    Can a person who has been Baker Acted 10-12 years ago and who is under guardianship be kept from traveling out of state?

    Reply
    • CCHR Florida

      The laws governing guardianship would need to be consulted. You should contact an attorney that specializes in this type of law to find out what your rights are under your guardianship.

    • Dave K

      Baker Act would not have anything to do with the travel out of state now – 10-12 years later. However, Florida guardianship (FS 744) laws can take away the right to travel. However, it all depends on which rights the court removed for a specific individual. If a “plenary guardian” is assigned all rights are removed (marry, vote, travel, manage financed, make treatment decisions, drive etc). SO in short It depend on the nature of the guardianship.

  3. Kathleen Humphrey

    What if it’s alcoholism? The person WILL NOT seek treatment and is out of control.

    Reply
    • CCHR Florida

      The Marchman Act exists for individuals who are in need of involuntary substance abuse treatment. You may learn more at this link: https://marchmanactflorida.com/

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