What the Baker Act is
The Florida Mental Health Act, known as the Baker Act, is found in Chapter 394 of the Florida Statutes. Section 394.463 lets a person be taken to a receiving facility for an involuntary examination when there is reason to believe they have a mental illness and meet certain criteria.
It is about mental illness, not substance use on its own. For drug or alcohol problems, Florida has a separate law, the Marchman Act. Many families face both at once, which is why it helps to know the difference.
This page is general information, not legal advice. Laws and court procedures change, so check the current statute or talk with a Florida attorney about your situation.
The criteria in plain words
Under section 394.463, a person may be examined involuntarily if, because of mental illness:
- They have refused a voluntary examination after it was explained to them, or they can’t decide for themselves whether they need one, and
- Without care, they are likely to suffer from neglect or refuse to care for themselves, in a way that poses a real and present threat of substantial harm that family or friends can’t prevent, or
- There is a substantial likelihood that, without care, they will cause serious bodily harm to themselves or others in the near future, shown by recent behavior.
How a Baker Act starts
A court order
A judge can issue an ex parte order based on sworn testimony with specific facts. Florida law says no fee may be charged to file it. If no time limit is stated, the order is valid for 7 days.
Law enforcement
A law enforcement officer can take a person who appears to meet the criteria to the nearest appropriate receiving facility.
A professional’s certificate
Certain licensed professionals, such as a physician, clinical psychologist, psychiatric nurse or clinical social worker, can sign a certificate after examining the person within the past 48 hours.
Baker Act vs. Marchman Act
| Baker Act | Marchman Act | |
|---|---|---|
| Florida law | Chapter 394 | Chapter 397 |
| Main concern | Mental illness | Substance use (including with a co-occurring mental health disorder) |
| First step | Involuntary examination at a receiving facility | A petition, a hearing and a clinical assessment |
| Typical time frame | Examination of up to 72 hours | Assessment, then a court order of up to 90 days if granted |
| Who decides | Facility professionals, then a court if more care is sought | A judge or magistrate after a hearing |
What happens during the examination
The examination period can last up to 72 hours from the time the person arrives at the receiving facility. For a minor, the examination must start within 12 hours of arrival. Before the 72 hours end, the facility must do one of these:
- Release the person (or return them to law enforcement if they are charged with a crime)
- Release them for voluntary outpatient treatment
- Ask them to agree to stay as a voluntary patient
- File a petition with the court for involuntary services
If substance use is part of the picture, the court in a Marchman Act case can also start Baker Act proceedings when mental illness seems to be involved, under section 397.6957. If your loved one has both a mental health condition and a substance use disorder, ask about dual diagnosis treatment for the care that follows.
Filing in Duval County
The Duval County Clerk of Courts says any person over 18 with firsthand knowledge who believes someone is a danger to themselves or others may file a petition for involuntary examination. There is no fee, a petition can be filed for a minor, and it can be filed online at myflcourtaccess.com. There is no hearing: a judge rules on the sworn petition. If approved, the order goes to the Sheriff’s Office, and the person is taken to the nearest receiving facility with room. You can’t choose the facility. Details are on the Clerk’s Mental Health Department page.
Baker Act questions
How long does a Baker Act last?
The involuntary examination can last up to 72 hours from arrival at the receiving facility. If the facility believes more care is needed, it must file a petition with the court, and a judge decides. If the 72 hours end on a weekend or holiday, Florida law sets specific rules for the next working day.
Can a family member Baker Act someone?
A family member can’t sign a Baker Act on their own, but they can ask a court for an ex parte order by filing a sworn petition. In Duval County, the Clerk says any adult with firsthand knowledge may file. In an emergency, call 911.
Can you Baker Act someone for drug use?
The Baker Act is for mental illness. If drug or alcohol use is the main problem, the Marchman Act is usually the law that applies. A person can have both, and courts can move between the two when needed.
Can a minor be Baker Acted?
Yes. Florida law requires the examination of a minor to begin within 12 hours of arriving at the facility. If an officer transports a minor and a parent is present, the officer must tell the parent where the minor is being taken, subject to safety concerns.
What should I do after a Baker Act ends?
Ask the facility about the discharge plan and follow-up appointments before your loved one leaves. Our page on caring for yourself can help you through the days after, and our help for families page has more.