Your Rights and the
Florida Mental Health Act
The Florida law covering both voluntary and involuntary
treatment is Chapter 394 of Florida Statutes - known as the
Florida Mental Health Act or the Baker Act.
Florida law encourages people with mental illnesses to
seek treatment voluntarily and to choose the type of treatment
needed. But Florida law recognizes that
some people with mental illnesses may need to be
involuntarily admitted for evaluation and treatment.
The Baker Act outlines a bill of rights for the person
who is mentally ill, provides a system of due process
for persons receiving services in designated mental health
facilities, and creates a system of community-based acute
care services.
A receiving facility is the central reception point for
individuals who appear to need emergency mental
health care. The receiving facility must ensure that
persons receive needed services in the least restrictive
setting and in the least intrusive manner. Consequently,
receiving facilities must ensure that persons are not inappropriately
admitted to community or State hospitals.
Under the Baker Act, no one can be admitted to a State
hospital without first being screened by a community
mental health center or clinic which must certify that
State hospital admission is the most appropriate
placement for the individual.
