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1. What is a Baker Act?

Provided for in Chapter 394.451, Florida Statutes, a Baker Act is shorthand for the Florida Mental Health Act, which does not authorize provision of medical treatment. Mental illness encompasses impairments of the mental or emotional processes that control an individual's actions or the ability to perceive or understand reality, interfering with the individual's ability to meet the ordinary demands of living.

Mental illness excludes retardation and/or developmental disability, intoxication, and/or substance abuse. For more information relating to the Baker Act (or to find the information in other languages), visit Myflfamilies.com.

Other statutes or alternatives are in place to address situations where the Baker Act is inappropriate. Contact a mental health facility or support service provider for guidance. Facilities include residential treatment services, outpatient mental health clinics, hospitals, and multiservice organizations. To assist your search, visit myflfamilies.com Health and Human Services..

2. Whom may I contact to file a Baker Act?

Contact the Clerk & Comptroller's Office in the county where the person you are requesting to have examined is located.

3. How long does a Baker Act take to file?

Petitioners are required to fill out paperwork that could take approximately 30 to 45 minutes to complete. The Clerk & Comptroller is prohibited by law from providing legal advice. The Clerk & Comptroller's Office will report the Court's response either before 5 p.m. or shortly afterward, depending on the Court's calendar.

4. Where is the individual taken for treatment when a Baker Act is filed?

If the individual meets the criteria under Chapter 394.463, Florida Statutes, and the Court signs an order to have the person involuntarily examined, (s)he will be taken to the nearest receiving facility.

5. What is a Marchman Act?

This act is known as the "Hal S. Marchman Alcohol and other Drug Services Act of 1993" provides for emergency assistance and temporary detention for individuals requiring substance abuse evaluation and treatment in the state of Florida.  

6. Whom may I contact to file a Marchman Act?

Contact the Clerk & Comptroller's Office in the county where the person you are requesting to have examined is located.

7. How long does a Marchman Act take to file?

Petitioners are required to fill out paperwork that could take approximately 30 to 45 minutes to complete. The Clerk & Comptroller is prohibited by law from providing legal advice. The Clerk & Comptroller's Office will report the Court's response either before 5 p.m. or shortly afterward, depending on the Court's calendar.

8. Where is the individual taken for treatment when a Marchman Act is filed?

If the individual meets the criteria under Chapter 394.463, Florida Statutes, and the Court signs an order to have the person involuntarily examined, (s)he will be taken to the nearest receiving facility.