Frequently Asked Questions for Mental Health
What is a Baker Act?
Who can I contact to file a Baker Act?
How long does it take?
Where is the individual taken for treatment?
What is a Marchman Act?
Who can I contact to file a Marchman Act?
How long does it take?
Where is the individual taken for treatment?
What is a Baker Act?
Based upon Florida Statutes 394.455(18) The Baker Act is the Florida Mental Health Act and it does not authorize provision of medical treatment. Mental illness means an impairment of the mental or emotional processes that control an individual's actions or the ability to perceive or understand reality. The impairment interferes with the individual's ability to meet the ordinary demands of living.
This does not include retardation or developmental disability, intoxication or substance abuse. For more information relating to the Baker Act and to find the information in other languages view the MyFlorida.com web site.
The use of other statutes or alternatives could be more appropriate for your situation.
Please contact a mental health facility or support service provider to assist you.
Facilities include
residential treatment services, outpatient mental health clinics,
hospitals, and multi-service organizations. To assist you in your search visit the
MyFlorida.com Health and Human Services
web site.
Other Alternatives
Marchman Act (Substance Abuse), Florida Statutes 397
Developmental Disabilities, Florida Statutes 393
Adult Abuse, Neglect and Exploitation, Florida Statutes 415.1051
Guardianship, Florida Statutes 744
Advance Directive, Florida Statutes 765
For information on Alzheimer's, area Agencies on Aging, Elder Services throughout the state and other resources visit the Florida Department of Elder Affairs web site.
Who can I contact to file a Baker Act?Who can I contact to file a Marchman Act?
In the Clerk & Comptroller's Office in the county where the person you are requesting to have examined is located.
How long does it take?
You will be required to fill out paperwork that could take approximately
30 to 45 minutes to complete. The Clerk & Comptroller is prohibited
by law from providing legal advice. The Clerk & Comptroller's Office will be able
to provide you with the Court's response either before 5:00 p.m. or shortly afterward
depending on the Court's calendar. This applies to the Baker Act
and the Marchman
Act.
If the individual meets the criteria, Florida Statutes 394.463, and the court signs an order to have the person involuntarily examined they will be taken to the nearest receiving facility. This applies to the Baker Act and the Marchman Act.
What is a Marchman Act?This act is known as the "Hal S. Marchman Alcohol and other Drug Services Act of 1993"
Department Contact Information
| DADE CITY | NEW PORT RICHEY |
|---|---|
| Nikki Alvarez-Sowles, Esq. Pasco County Clerk & Comptroller 38053 Live Oak Avenue Suite 207 Dade City, FL 33523-3894 352-521-4542, Option 4 8:30am-5:00pm Monday-Friday Directions |
Nikki Alvarez-Sowles, Esq. Pasco County Clerk & Comptroller Mailing Address P.O. Box 338 New Port Richey, FL 34656-0338 Physical Location: 7530 Little Road Suite 104 New Port Richey, FL 34654 727-847-8031, Option 4 8:30am-5:00pm Monday-Friday Directions |