- What is a Baker Act?
Based upon
F.S. 394.455(18) The Baker Act is the Florida Mental Health Act and it
does not authorize provision of medical treatment. Mental illness means an
impairment of the mental or emotional processes that control an individual's
actions or the ability to perceive or understand reality. The impairment
interferes with the individual's ability to meet the ordinary demands of living.
This does not include retardation or developmental disability, intoxication or
substance abuse. For more information relating to the Baker Act and to find the
information in other languages view the
MyFlorida.com web site.
The use of other statutes or alternatives could be more appropriate for your
situation. Please contact a mental health facility or support service provider
to assist you. Facilities include residential treatment services, outpatient
mental health clinics, hospitals, and multi-service organizations. To assist
you in your search visit the
MyFlorida.com Health and Human Services web site.
Other Alternatives
For information on Alzheimer's, area Agencies on Aging, Elder Services
throughout the state and other resources visit the
Florida Department of Elder Affairs web site.
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- Who can I contact to file a Baker Act?
- Who can I contact to file a Marchman Act?
In the Clerk of the Circuit Court's Office in the county where the person you
are requesting to have examined is located.
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- How long does it take?
You will be required to fill out paperwork that could take approximately 30 to
45 minutes to complete. The Clerk of Circuit Court is prohibited by law from
providing legal advice. The Clerk's Office will be able to provide you with the
Court's response either before 5:00 p.m. or shortly afterward depending on the Court's
calendar. This applies to the Baker Act and the Marchman Act.
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- Where is the individual taken for treatment?
If the individual meets the criteria,
F.S. 394.463, and the court signs an order to have the person involuntarily
examined they will be taken to the nearest receiving facility. This applies to
the Baker Act and the Marchman Act.
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- What is a Marchman Act?
This act is known as the "Hal S. Marchman Alcohol and other Drug Services
Act of 1993"
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