Baker Act

1. There is reason to believe that he or she is mentally ill. This means an impairment of the mental or emotional processes that exercise conscious control of one’s actions or of the ability to perceive or understand reality, which impairment substantially interferes with a person’s ability to meet the ordinary demands of living, regardless of etiology. For the purposes of this part, the term does not include retardation or developmental disability as defined in Chapter 393, intoxication, or conditions manifested only by antisocial behavior or substance abuse impairment.

2. Because of his or her mental illness the person has refused voluntary examination or is unable to determine whether the examination is necessary; and

3. Without care or treatment, the person is likely to suffer from neglect resulting in the real and present threat of substantial harm that can’t be avoided through the help of others; or there is a 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.

Initiation An involuntary examination may be initiated by any one of the three following means:

A circuit court may enter an ex-parte order, based upon sworn testimony, directing a law enforcement officer to take the person to the nearest Baker Act Involuntary Examination: Criteria, Processes and Time-frames State of Florida Department of Children and Families Mental Health Program Office Florida’s Baker Act Website – May 2002 2 receiving facility. A law enforcement officer may serve and execute an ex-parte order on any day of the week, at any time of the day or night, and may use such reasonable physical force as is necessary to gain entry to take custody of the person.