Verified by Licensed Bail Bond Professionals•Last updated: March 2026
Definition: Florida law that allows for the involuntary psychiatric examination of a person who may have a mental illness and is at risk of harm to self or others. A Baker Act hold lasts up to 72 hours at a designated receiving facility.
Category: FL-Specific Laws · Statute: F.S. 394.451-394.4789 · Source: Florida Legislature
Florida Statute 394.463 — Involuntary Examination"A person may be taken to a receiving facility for involuntary examination if there is reason to believe that the person has a mental illness and... there is a substantial likelihood that without care or treatment the person will cause serious bodily harm to himself or herself or others."
Who Can Initiate a Baker Act?
- Law enforcement officers
- Physicians, clinical psychologists, or clinical social workers
- Judges (via ex parte order)
Baker Act vs. Criminal Arrest
A Baker Act is not a criminal arrest — it's an involuntary civil commitment for psychiatric evaluation. No criminal charges are filed and no bail is required. However, if a crime was committed, the person may face criminal charges after the Baker Act hold ends.
Duration
The initial hold is up to 72 hours. The facility can petition the court for longer involuntary treatment if the person continues to meet criteria.