Baker Act

1. Confirm the statutory criteria

There must be reason to believe the person has a mental illness and, because of that illness:

• The person refused voluntary examination after a conscientious explanation of its purpose, or cannot determine whether examination is necessary; and
• Without care or treatment, the person is likely to neglect or refuse self-care, creating a real and present threat of substantial harm that cannot apparently be avoided through responsible help or other services; or
• There is a substantial likelihood of serious bodily harm to self or others in the near future, evidenced by recent behavior.

2. Identify the initiation path

• Officer initiation: An officer may take into custody a person who appears to meet the criteria.
• Ex parte court order: Take custody and transport when less restrictive means are unavailable.
• Professional certificate: Take custody of the named person when a qualifying certificate supports examination and less restrictive means are unavailable.

3. Take custody and transport

Deliver, or have the person delivered, to an appropriate—or nearest—facility within the designated receiving system. Use the least restrictive restraint available and appropriate to the circumstances.

4. If transporting a minor

When a parent or legal guardian is present, provide the facility's name, address, and contact information before leaving, unless safety or welfare concerns require otherwise.

5. Complete the officer report

Document the circumstances supporting custody. Include readily accessible emergency-contact information, including information available through FDLE or DHSMV databases. The report becomes part of the clinical record.

6. Court-order service

An ex parte order may be served any day or time. An officer may use reasonable force necessary to enter premises and take custody. Assign a CIT-trained officer when practicable.

7. Firearms and ammunition

An officer may seize and hold firearms or ammunition in the person's possession when the person poses a potential danger and has made a credible threat of violence against another person. At a residence, seek voluntary surrender of additional firearms or ammunition when applicable; consider a risk-protection-order petition if they are not voluntarily surrendered.

8. Know the facility timeline

The examination period begins upon arrival and is generally up to 72 hours. For a minor, the examination must begin within 12 hours. If the person is charged with a crime and released by the facility, the person returns to law-enforcement custody.