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Reforms to Florida Baker Acts and the Marchman Acts

There was a very informative article in the Florida Bar News, June 19, 2024, by Jim Ash, Senior Editor. His article discussed how Governor Ron DeSantis signed House Bill 7021(HB7021), a fifty-million-dollar proposal that supporters say will bring landmark reforms to Florida Baker Acts and Florida Marchman Acts. House Bill 7021 (HB 7021) became effective July 1, 2024. 

You can read Florida House Bill 7021 (HB7021) in its entirety here to understand how it reforms the current law on Baker Acts. The Bill also reformed the Marchman Act, which has to do with people who are involuntarily committed due to alcohol or substance abuse.   

Many families in Florida struggle with a relative who has a mental health issue or a substance abuse issue. The family usually reaches out to an attorney when the loved one has been Baker Acted. A person usually is Baker Acted by police officers when they are a danger to themselves or others. That usually occurs if someone threatens to take their own life or takes action to take their own life. It may also happen if the person is a danger to others. 

Once an individual is Baker Acted, they can be held for seventy-two hours. However, the seventy-two hours does not include weekends and holidays. That is when a family member usually calls an attorney because they want to know if their loved one can get out of the facility prior to the seventy-two hour hold period. Some relatives want to know if the individual can be kept longer than seventy-two hours. The individual may be kept past seventy-two hours if the psychiatrist petitions the court to extend the period of time they remain in the facility. However, the individual must appear before a judge for the judge to determine if the individual can legally be held past seventy-two hours.

According to the author of the Florida Bar Article, Jim Ash, quoting Representative Patt Maney, one of the biggest challenges to reform in this area is finding the right balance between public safety and individual liberty. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. on 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

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