Baker Act vs. Marchman Act: How Florida's Laws Work

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Published November 3, 2023 · Updated October 14, 2026

Medically reviewed by Danesh Alam MD, DFAPA, DFASAM

The Baker Act and the Marchman Act are Florida laws. The Baker Act allows an involuntary mental health examination for someone who, because of a mental illness, may seriously harm themselves or others or cannot care for themselves. The Marchman Act allows involuntary assessment and treatment for someone whose substance use has taken away their self-control and judgment. No other state has a "Baker Act," but every state has its own law for emergency mental health evaluations.

Both laws were significantly revised in 2024, so older guides may describe rules that no longer apply. This article explains the current process in plain language. It is general information, not legal advice. In an emergency, call 911. For a mental health or substance use crisis, call or text 988.

Is the Baker Act only in Florida?

Yes. "The Baker Act" is the popular name of the Florida Mental Health Act, and the Marchman Act is Florida's Hal S. Marchman Alcohol and Other Drug Services Act. Florida Statutes 394.451.

Other states have their own laws under different names. SAMHSA notes that standards and procedures for civil commitment "are provided by state law, in every state." SAMHSA: Civil commitment and the mental health care continuum. Hold lengths, who can start the process, and the criteria all differ. A few examples:

• California: the "5150" under Welfare and Institutions Code section 5150, a hold of up to 72 hours. California WIC 5150
• Texas: "emergency detention" under Health and Safety Code chapter 573, generally up to 48 hours after the person arrives at a facility. Texas Health and Safety Code ch. 573
• Pennsylvania: the "302" under the Mental Health Procedures Act, up to 120 hours. Pennsylvania Mental Health Procedures Act
• Ohio: emergency hospitalization under Ohio Revised Code 5122.10. Ohio Revised Code 5122.10
• Louisiana: an emergency certificate under Louisiana Revised Statute 28:53, which can last up to 15 days. Louisiana R.S. 28:53
• Michigan, Oklahoma, South Carolina, and New York also have their own emergency evaluation and admission laws.

Many states also allow court-ordered treatment for substance use, such as Kentucky's Casey's Law. Kentucky Office of Drug Control Policy: Casey's Law. If you live outside Florida, contact your county court or a local mental health crisis line about the process where you are.

Baker Act vs. Marchman Act at a glance

Baker Act (mental health)

• Applies when there is reason to believe a person has a mental illness and meets the criteria below. Substance use or intoxication alone does not qualify.
• Begins with an involuntary examination of up to 72 hours at a designated receiving facility.
• A family's route is asking a court for an ex parte order for examination, or calling a professional or 911.
• Longer court-ordered services can be requested only by a facility or the treating provider.

Marchman Act (substance use)

• Applies when a person's substance use has taken away their self-control and either their judgment is badly impaired or they are at risk of harm or neglect. Since 2024 it also covers a substance use disorder with a co-occurring mental health disorder.
• A spouse, guardian, relative, service provider, or an adult with direct knowledge of the situation can file a petition with the clerk of court. There is no filing fee.
• Can lead to court-ordered treatment for up to 90 days, which can be renewed.

Both are civil processes, and the court must find the criteria are met by clear and convincing evidence before ordering longer-term involuntary services or treatment.

How the Baker Act works

Who qualifies

Under Florida law, a person may be taken for an involuntary examination only if there is reason to believe they have a mental illness and, because of it:

1. They have refused a voluntary examination after it was explained, or they cannot decide for themselves whether one is needed; and
2. Without care, they are likely to neglect themselves in a way that poses a real threat of substantial harm that family or other services cannot prevent, or there is a substantial likelihood they will cause serious bodily harm to themselves or others in the near future, as shown by recent behavior.

Florida Statutes 394.463. Florida's definition of mental illness excludes intoxication and conditions shown only by substance use, dementia, traumatic brain injury, or antisocial behavior. Florida Statutes 394.455.

Who can start it

There are three routes:

• A court order. A circuit or county court can issue an ex parte order based on sworn testimony with specific facts, typically from family or friends. There is no fee to file.
• Law enforcement. An officer may take someone who appears to meet the criteria into custody. Since 2024 this is at the officer's discretion, and mobile response or co-responder teams may be used instead.
• A professional certificate. A physician, physician assistant, clinical psychologist, psychiatric nurse, certain advanced practice registered nurses, licensed mental health counselor, marriage and family therapist, or clinical social worker who examined the person within the past 48 hours can sign a certificate.

Florida DCF: Baker Act frequently asked questions. Knowingly giving false information to have someone involuntarily examined is a crime.

The 72-hour examination

The person is taken to a receiving facility designated by the Florida Department of Children and Families, such as a hospital psychiatric unit or crisis stabilization unit. A county jail is not a receiving facility.

Since 2024, the examination period of up to 72 hours begins when the person arrives at the receiving facility. For a minor, the examination must begin within 12 hours of arrival. Separate rules apply when someone first needs emergency medical care, or when the 72 hours end on a weekend or holiday. Within the examination period, the facility must do one of four things:

1. Release the person
2. Release them for voluntary outpatient treatment
3. Admit them as a voluntary patient, if they give informed consent
4. File a petition with the court for involuntary services

The facility must notify the person's representative or emergency contact. For a minor, a parent or guardian must be notified promptly after arrival.

Involuntary services after the examination

If the facility believes more treatment is needed and the person will not agree to it, the facility administrator or the treating provider can petition the court for involuntary services. Families cannot file this petition themselves. Since 2024, a court can order inpatient placement, outpatient services, or a combination of both. Florida Statutes 394.467.

• The court appoints the public defender unless the person has their own lawyer.
• The hearing must be held within 5 court working days of filing, unless it is continued.
• Family members may testify, and the person has the right to an independent expert examination.
• An order can last up to 6 months and can be renewed after another hearing.

Rights during a Baker Act

People held under the Baker Act keep their constitutional rights. They have the right to communicate privately with people outside the facility, to have a lawyer, to receive treatment regardless of ability to pay, to take part in their treatment and discharge planning, and to challenge their detention in court at any time. Florida Statutes 394.459.

In fiscal year 2024–2025, Florida recorded 158,846 involuntary examinations involving 106,360 people, including 30,570 examinations of children. USF Baker Act Reporting Center: FY 2024–2025 annual report.

How the Marchman Act works

Who qualifies

A person meets the Marchman Act criteria if there is good-faith reason to believe they are impaired by substance use, or have a substance use disorder and a co-occurring mental health disorder, and because of it they have lost the power of self-control over their substance use and either:

• Their judgment is so impaired that they cannot appreciate their need for care. Simply refusing treatment is not enough to show this. Or
• Without care, they are likely to suffer from neglect that poses a real threat of substantial harm, or they have caused, threatened, or are likely to cause physical harm to themselves or others.

Florida Statutes 397.675.

Filing a petition

For an adult, a spouse, legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person's substance use and past treatment may file. For a minor, a parent, legal guardian, or service provider may file. The petition goes to the clerk of court in the county where the person is located, and the clerk cannot charge a filing fee. Florida Statutes 397.68112.

Older guides describe two separate petitions, a requirement for three adults, a five-day hold, and 60-day treatment orders. Those rules changed in 2024. The current process uses one petition and one hearing:

• Emergency orders. If the petition describes urgent circumstances, the court can issue an ex parte order, and law enforcement takes the person to a licensed provider. The provider can hold the person for up to 72 hours of observation, longer if they need detox or medical treatment, or until the next court working day if the period ends on a weekend or holiday.
• The hearing. It must be held within 10 court working days, unless continued. The person has the right to a lawyer, and one is appointed if they cannot afford one.
• Treatment orders. If the court finds the criteria are met, it can order treatment for up to 90 days, and the order can be renewed. A court can order a privately funded provider if the person or someone on their behalf can pay.

Florida Statutes, Chapter 397. Knowingly filing a false petition is a crime. Contact the clerk's mental health or probate division, the court's self-help center, or an attorney for the forms and local procedures.

Can someone be under both laws?

When a person has both a mental illness and a substance use problem, either law may apply depending on the situation. During court proceedings, a judge can move a case from the Baker Act to the Marchman Act, or start a Baker Act examination during a Marchman case, if the person meets the other law's criteria.

Does a Baker Act or Marchman Act go on your record?

Both are civil proceedings, not criminal charges. Florida law makes Baker Act and Marchman Act court records confidential, and the clerk may not publish identifying information on a public docket. Florida Statutes 394.464. Under the Marchman Act, being taken into protective custody by police is not considered an arrest. Florida Statutes 397.6772.

There is one important exception. A court-ordered involuntary commitment under either law is reported for firearm background checks and prohibits buying or possessing firearms until a court grants relief. That includes Baker Act involuntary inpatient or outpatient orders and Marchman Act court-ordered assessment and treatment. A Baker Act examination that ends in release, or an ordinary voluntary admission, is not a commitment under this law. A voluntary admission after a physician certifies imminent danger and the person signs a written firearms notice can be reported, however. Florida Statutes 790.065. Ask an attorney about how this applies to a specific situation.

Before you go to court

Involuntary processes are meant for situations where safety is at risk and a person cannot or will not accept help. Before filing, many families try a structured conversation or a professionally guided intervention, and many people agree to voluntary treatment once they understand their options.

If someone is in immediate danger, call 911. For a mental health or substance use crisis, call or text 988.

Getting help at Ambrosia

If a loved one is struggling with substance use or mental health and you are not sure what to do next, Ambrosia's admissions team can talk through the situation and the voluntary treatment options available, including medical detox, addiction treatment, mental health care, and dual diagnosis treatment for people facing both.