What Is the Baker Act? Florida's Mental Health Hold Explained

Involuntary services under the Baker Act

After the examination, the person is released, agrees to voluntary care, or a petition is filed for involuntary services. Since 2024, inpatient placement and outpatient services are handled in one "involuntary services" process, and a court can order inpatient placement, outpatient services or both for up to 6 months. The petition comes from the facility administrator or treating provider, not directly from family.

When drugs or alcohol are the main problem

If the crisis is driven by substance use, Florida's Marchman Act is usually the better fit, and families can petition the court directly. When both are present, dual diagnosis care treats them together. Compare the two in Marchman Act vs Baker Act.

In an emergency, call 911. For a mental health crisis, you can call or text 988.

This guide is general information about Florida law, not legal advice. Laws and local procedures change; check with your county clerk or an attorney before filing.

Find treatment

Dual Diagnosis Treatment in FloridaBrowse by county

Find county filing details: Marchman Act by county.

Related reading

• What Is the Marchman Act? Florida's Involuntary Addiction Treatment Law
• How to File a Marchman Act in Florida: Step by Step
• Marchman Act Requirements: Who Qualifies in Florida
• Marchman Act vs Baker Act: What's the Difference?
• What Happens After a Marchman Act Petition Is Filed
• How Long Does a Marchman Act Last?

Sources

• Florida Statutes s. 394.463: Involuntary examination (Baker Act)
• Florida Statutes s. 394.467: Involuntary services (Baker Act)
• Florida House of Representatives: Final bill analysis, CS/CS/HB 7021 (2024)