The Florida Mental Health Act, commonly known as the Baker Act, enables loved ones or others to request emergency mental health services for a person who cannot or will not request help for themselves. Emergency services may include voluntary admission to a hospital or other receiving facility, or if the person cannot understand the severity of their condition, involuntary admission. Florida’s Baker Act

Legislators enacted the Baker Act to intercede on behalf of a person suffering from a mental illness who may cause harm to themselves or another but is not willing to seek treatment. Maxine Baker, a former Florida state representative, sponsored the Act, which was passed in 1971. Most states have enacted legislation similar to the Baker Act, but each state has its own name for its specific legislation. Florida’s Baker Act

Under What Circumstances is a Person Subject to the Baker Act?

The Florida statute states that a person may be transported to an approved receiving facility for involuntary examination if they meet all the following criteria:

• They are mentally or emotionally impaired to the extent they cannot control their own actions or understand reality. This does not include substance abuse impairment or developmental disability.
• They have refused voluntary examination, or, because of a mental illness, they cannot understand that an examination is necessary.
• Without treatment, they may suffer personal neglect or may cause harm to themselves or others.

The Baker Act encourages individuals to seek voluntary mental health help. However, if an individual is not open to voluntary treatment for a severe mental health crisis, family members, health professionals, law enforcement or others can ask the circuit court for an involuntary mental health examination. A loved one or others can petition the Circuit Court to issue an ex parte order, which is an involuntary examination. If a judge grants the order, a law enforcement officer enforces the ruling by taking the person into custody and transporting them to the nearest receiving facility. Florida’s Baker Act

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