Index
The Florida Baker Act (Mental Health)
Summary
The Baker Act allows for the involuntary institutionalization and examination of an individual who appears to have a mental illness and poses a serious threat of harm to themselves or others.
Rights & Rules
- 01.You can be held involuntarily for a psychiatric evaluation for up to 72 hours.
- 02.An involuntary hold can only be initiated by a judge, law enforcement officer, physician, or mental health professional.
- 03.The person must be showing signs of mental illness AND there must be a substantial likelihood that without care, they will cause serious bodily harm to themselves or others.
- 04.After 72 hours, the facility must either release the person, get their consent for voluntary admission, or file a petition with a court for continued involuntary placement.
Penalties
- 01.A facility holding someone past the 72-hour limit without a court order or voluntary consent is violating their civil rights and can face severe legal consequences.
Verified Citations
Florida Statutes Chapter 394 (Mental Health Act)
Source"A person may be taken to a receiving facility for involuntary examination if... there is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others..."