What Is the Baker Act and What Does It Do?

The Baker Act, set forth in Florida Statutes, Chapter 394, Part I, and is also known as the Florida Mental Health Act. The Baker Act provides legal procedures for mental health examination and treatment, including:

Voluntary admission
Involuntary examination
Involuntary inpatient placement (IIP)
Involuntary outpatient placement (IOP)

The Baker Act regulates:

Crisis stabilization units (CSUs)
Short‐term residential treatment facilities (SRTs)

The Baker Act protects the rights of all individuals examined or treated for mental illness in Florida.

What Are the Limitations of the Baker Act?

The Baker Act is intended to provide immediate, short-term help during a mental health crisis, but it’s not designed as a solution for ongoing or long-term treatment.
Individuals whose main concern is a substance use disorder or a developmental disability are not eligible to be Baker Acted, as the law specifically excludes these situations.
While the Act offers important protections and immediate intervention, it cannot address every behavioral health need or guarantee follow-up care after a person is released.

What Is Involuntary Examination and How Is It Conducted?

An involuntary exam is a psychiatric exam conducted without a person’s consent, often called “getting Baker Acted.” Involuntary exams are initiated by:

Law enforcement officers (49%)
Mental health professionals and physicians (49%)
Circuit courts (2%)

Criteria for involuntary exam are that the individual:

Appears to have a mental illness;
Presents a danger to self or others; and
Refuses voluntary exam or is unable to understand need for exam

Involuntary exams are provided only by DCF‐designated Baker Act receiving facilities:

Hospitals
Crisis stabilization units (CSUs)

Services focus on stabilizing the immediate crisis.

What Happens During an Involuntary Baker Act Admission?

Once an individual arrives at a designated facility under the Baker Act, there are two primary steps that occur:

Evaluation Period: The individual is taken to a facility for evaluation, which can last up to 72 hours. During this time, the focus is on assessing the person’s mental health and stabilizing the immediate crisis.
Assessment by Mental Health Professionals: Licensed mental health professionals and/or physicians evaluate whether the individual meets the criteria for further treatment.

Within 72 hours of arrival, the receiving facility must determine what happens next. Possible outcomes after evaluation include:

Release: If the person does not meet the criteria for continued involuntary treatment, they must be released. Release must be approved by a psychiatrist or a clinical psychologist.
Voluntary Treatment: The individual may agree to receive treatment on a voluntary basis.
Involuntary Commitment: If continued care is required based on the evaluation, the facility may file a petition for involuntary placement. This involves a court order for further inpatient or outpatient treatment.

The average length of stay is 4.5 days. This process is designed to balance the need for emergency mental health intervention with the protection of individual rights, ensuring that no one is held longer than necessary without proper legal procedures.

What to Do If You or a Loved One Faces a Baker Act Hold or Conservatorship

If you or someone you care about is placed under a Baker Act psychiatric hold, it’s natural to feel overwhelmed or unsure about what to do next.
The most important step is to understand your rights and the available procedures.
Consider contacting a qualified mental health attorney or legal aid service experienced with Florida’s Baker Act. They can guide you through the process, protect your rights, and help ensure the best outcome during this challenging time.
Keep detailed notes of the situation, including who initiated the hold and any communication you have with facility staff or law enforcement.
You can also reach out to advocacy organizations like the Florida Department of Children and Families (DCF) or the National Alliance on Mental Illness (NAMI Florida) for advice and support.

Seeking prompt legal advice and support not only safeguards your rights but can also help you navigate options like voluntary admission, discharge, or alternative placements during evaluation or conservatorship proceedings.

The Role of a Mental Health Lawyer in Baker Act Cases

When someone is subject to an involuntary psychiatric hold—commonly referred to as being “Baker Acted”—the process can be overwhelming for both the individual and their loved ones.
A mental health attorney can play a crucial part in ensuring that the individual’s rights are protected throughout the process.

Here’s how a mental health lawyer can assist:

Clarifying the Legal Process: They help explain the complex laws and steps involved in an involuntary hold, making it easier to understand the individual’s rights and options.
Advocating for the Patient: Lawyers can attend hearings, challenge the necessity of continued hospitalization, and work to ensure that the individual isn’t held longer than necessary.
Facilitating Communication: They serve as a bridge between the individual, their family, and the mental health professionals involved, ensuring information is accurate and concerns are heard.
Exploring Alternatives: When possible, they may argue for less restrictive alternatives to inpatient treatment, such as outpatient care or supportive services in the community.
Protecting Against Unwarranted Holds: Attorneys can review medical and legal records to determine if the Baker Act criteria were properly met and, if not, can work to secure the patient’s release.

In short, a mental health lawyer’s central role is to safeguard the legal rights of someone under an involuntary hold, provide guidance throughout the process, and work toward the most favorable and appropriate outcome.

Click here for: Florida Baker Act Information and Forms

Public Receiving Facilities In North Florida

These are the Florida Baker Act Public Receiving Facilities in North Florida, designated by the Florida Department of Children & Families, and licensed by the Florida Agency for Health Care Administration.

Note: Receiving Facilities designated with a (*) are public receiving facilities funded by DCF to provided examination and short-term treatment to persons without ability to pay for private care. Public receiving facilities (that are affiliated with a community mental health center) are required to ensure the centralized provision and coordination of acute care services for eligible individuals with an acute mental illness. The nearest receiving facility, whether public or private, must accept any person brought by law enforcement for involuntary examination.

DISTRICT 1 in Escambia, Okaloosa, Santa Rosa & Walton Counties:

Baptist Hospital Emergency Room
1000 West Moreno Street & Baptist Hospital Behavioral Medicine 1101 West Moreno Street Pensacola, Florida 32501
*Bridgeway Center
Crisis Stabilization Unit 205 Shell Avenue, S.E. Fort Walton Beach, Florida 32548
Fort Walton Beach Medical Center
1000 Mar-Walt Drive Fort Walton Beach, Florida 32547-6795
*Lakeview Crisis Stabilization Unit
1304 West Avery Street Pensacola, Florida 32501
*West Florida Community Care Center
5500 Stewart Street Milton, Florida 32570
West Florida Regional Medical Center Emergency Room
8383 North Davis Highway and The Pavilion, 2191 Johnson Avenue Pensacola, Florida 32514

What Is The Baker Act?