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Baker Act in Orlando, Florida

What is a Baker Act? How does it affect an individual who is Baker Acted by the State? How does one go about having someone Baker Acted by the State? 

A Baker Act is the involuntary commitment of someone because they are a danger to themselves or others. You can only be held for 72 hours. Then there must be a hearing within 72 hours, or you must be released from the involuntary commitment. After the hearing, if it is found that commitment is necessary, the State may commit you. The Florida Statute on Baker Act is Florida Statute 394. Part I of the statute is the Mental Health Act.  It is contained in chapters 394.451 through 394.47892. 

Usually a family member or friend of someone with a mental illness will call the police it that person is acting irrationally or threatening to commit suicide; or if they hurt themselves. Relatives or friends may also call the police if someone with mental illness is threatening physical harm to other family members or friends. Further, you can file a Petition with the Court to have someone Baker Acted.

In order to be involuntarily committed, the order of commitment must be supported by substantial competent evidence that without treatment the individual poses a real and present threat of substantial harm to his/her wellbeing or the wellbeing of other individuals. 

The State must show how the individual’s mental health condition would result in specific harm to himself/herself or to other individuals. The mere fact that an individual might suffer from a mental illness is not sufficient standing alone to justify involuntary commitment. 

It is well settled that the need for treatment and medicine and the refusal to take medication despite a deteriorating mental condition standing alone are insufficient to meet the State’s burden of proof for involuntary commitment. Conclusory testimony, unsubstantiated by facts or evidence is insufficient to satisfy the statutory criteria by the clear and convincing evidence standard. There needs to be a link to a real and present harm to oneself or to other individuals. 

If you have more questions regarding a Baker Act or Guardianship Law  matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: AnnMarieGildenLaw.com; and check me out on these other sites: Ann Marie Giordano Gilden on Facebook; Ann Marie (Giordano) Gilden on LinkedIn; and Ann Marie Giordano Gilden on AVVO and Lawyers.com. 

This article is for informational purposes only; and it does not form an attorney client privilege.