Practice Areas


Baker Act Hospitalization

The Florida Mental Health Act of 1971 referred to as the “Baker Act,” allows for examination and hospitalization of an individual on an involuntary basis. The Baker Act may be used by a physician, a mental health professional, a judge, or a law enforcement officer under very specific conditions. Using the guidelines of the Baker […]

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Baker Act Hospitalization

Baker Act Complaints about Facilities

Patients who are admitted to facilities under the jurisdiction of the Baker Act have specific rights. These rights include access to their own belongings, the ability to contact family members, and the right to have legal counsel informed. Intervention methods which are used on patients must be the least restrictive type required to maintain the […]

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Baker Act Complaints

Baker Act Complaints about Law Enforcement (Internal Affairs)

Law enforcement officers should clearly explain why they have invoked the Baker Act to admit a person whom they have encountered. Their report should contain statements and information supporting the use of this act. Some of the specific reasons for involuntary examination include: Harm to self or others – the belief a person could cause serious […]

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Baker Act Complaints about Law Enforcement (Internal Affairs)

Baker Act Complaints about Medical Professionals

Medical professionals must work under specific guidelines when a patient is admitted for a psychiatric examination under Florida’s Baker Act. Patients can remain hospitalized for a period up to 72 hours but once that time has expired, unless the patient is facing a criminal charge, they may only be held in the facility on a […]

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Baker Act Complaints about Medical Professionals

Baker Act Firearm Rights

While the Baker Act has been in place since 1971 it was not until 2018 when there were criteria issued pertaining to firearms and those who were involuntarily committed for mental health examination. In 2018, the statute changed to allow a law enforcement officer to take possession and hold firearms and ammunition until collected from […]

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Baker Act Firearm Rights

Baker Act Records​

Facilities and mental health professionals have an obligation to maintain patient records so they are not accessible to persons who are not authorized to view them. However, police reports (“incident report”) referencing a detainee’s referral for mental health examination is public information. Police records may contain references to a Baker Act admission. However, these are […]

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Baker Act Records​