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What Are the Criteria for a Baker Act in the Orlando, Florida Area?

Florida Statute 394.467 (2021) lays out specific criteria that the State must prove to order the involuntary inpatient placement of an individual. It is as follows:

1. A person may be ordered for involuntary inpatient placement for treatment upon a finding of the court by clear and convincing evidence that:

2. He or she has a mental illness and because of his or her illness;
3. He or she has refused voluntary inpatient placement for treatment after sufficient and conscientious explanation and disclosure of the purpose of inpatient placement for treatment;
4. He or she is unable to determine for himself or herself whether inpatient placement is necessary; and
5. a. He or she is incapable of surviving alone or with the help of willing and responsible family or friends, including available alternative services, and without treatment, is likely to suffer from neglect or refuse to care for himself or herself, and such neglect or refusal poses a real and present threat of substantial harm to his or her well-being; or
6. There is substantial likelihood that in the near future he or she will inflict serious bodily harm on self or others, as evidenced by recent behavior causing, attempting, or threatening such harm; and
7. All available less restrictive treatment alternatives that would offer an opportunity for improvement of his or her condition have been judged to be inappropriate. 

Other Criteria for a Baker Act

There must also be clear and convincing evidence that without treatment, the patient would pose a real and present threat of substantial harm to himself or herself, or a substantial likelihood that in the near future he/she will inflict serious bodily harm on himself/herself or another, as evidenced by recent behavior. Importantly, conclusory testimony, unsubstantiated by facts in evidence, is insufficient to satisfy the statutory criteria by the clear and convincing evidence standard. 

It is well-settled that the need for treatment and medication and the refusal to take psychotropic medication despite a deteriorating mental condition, standing alone, do not justify involuntary commitment under the Baker Act. 

Clear and Convincing Evidence

Clear and convincing evidence is a higher standard than the preponderance of the evidence standard. It is more than just tipping the scales. It is more than just “more likely than not.” Clear and convincing evidence leaves you with firm conviction that the claim is true. It is competent substantial evidence. Clear and convincing evidence is defined as relevant evidence a reasonable mind would accept as adequate to support a conclusion. The evidence should be sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached. 

If you have more questions regarding a Baker Act 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. 

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