Florida Statute 394.451 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 394
MENTAL HEALTH

View Entire Chapter

F.S. 394.451

394.451 Short title.—This part shall be known as “The Florida Mental Health Act” or “The Baker Act.”

History.—s. 1, ch. 71-131.

F.S. 394.451 on Google Scholar

F.S. 394.451 on CourtListener

Amendments to 394.451

Annotations, Discussions, Cases:

Cases Citing Statute 394.451

Total Results: 46

MW v. Davis

756 So. 2d 90, 2000 WL 551038

Supreme Court of Florida | Filed: May 4, 2000 | Docket: 471298

Cited 41 times | Published

chapter 394, from sections 394.451 to 394.4789. See § 394.451, Fla. Stat. (1997). [2] No information concerning

Tallahassee Memorial Regional Medical Center v. Cook

109 F.3d 693, 1997 U.S. App. LEXIS 6506, 1997 WL 131320

Court of Appeals for the Eleventh Circuit | Filed: Apr 8, 1997 | Docket: 2035297

Cited 27 times | Published

5 . See Fla.Stat. § 394.451 (1994), et seq. ("The Florida Mental

Brancaccio v. State

698 So. 2d 597, 1997 WL 442347

District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 1524323

Cited 24 times | Published

mental health center pursuant to the Baker Act, § 394.451, Florida Statutes (1995), after threatening to

Paddock v. Chacko

522 So. 2d 410, 1988 WL 10830

District Court of Appeal of Florida | Filed: Feb 18, 1988 | Docket: 2516537

Cited 22 times | Published

under the provisions of Florida's Baker Act. See § 394.451 et seq., Fla. Stat. (1985).[5] As the trial judge

CP v. Leon County School Board Florida

483 F.3d 1151, 2007 WL 1052607

Court of Appeals for the Eleventh Circuit | Filed: Apr 10, 2007 | Docket: 398897

Cited 19 times | Published

him committed under the Baker Act, Fla. Stat. § 394.451, et seq. (setting forth the Florida procedure

Bellavance v. State

390 So. 2d 422

District Court of Appeal of Florida | Filed: Nov 13, 1980 | Docket: 1504174

Cited 16 times | Published

Florida State Hospital under The Baker Act, Section 394.451 et seq., Florida Statutes, immediately following

Attorney Ad Litem for DK v. Parents of DK

780 So. 2d 301, 2001 Fla. App. LEXIS 3473, 2001 WL 273834

District Court of Appeal of Florida | Filed: Mar 21, 2001 | Docket: 1708825

Cited 13 times | Published

See § 744.301(1), Fla.Stat. (1999). [3] See § 394.451-.4789, Fla.Stat. (2000).

Schexnayder v. State

495 So. 2d 850, 11 Fla. L. Weekly 2127

District Court of Appeal of Florida | Filed: Oct 7, 1986 | Docket: 1758875

Cited 9 times | Published

institution for treatment under the Baker Act, section 394.451, et seq., Florida Statutes (1985). We reverse

Grimsley v. State

830 So. 2d 118, 2002 WL 1769021

District Court of Appeal of Florida | Filed: Aug 2, 2002 | Docket: 471478

Cited 8 times | Published

the Peace River Center under the Baker Act. See § 394.451, Fla. Stat. (2000). Ellis was not sure when this

Smith v. State

508 So. 2d 1292, 12 Fla. L. Weekly 1461

District Court of Appeal of Florida | Filed: Jun 12, 1987 | Docket: 1153022

Cited 8 times | Published

state mental hospital under the Baker Act, section 394.451, et. seq., Florida Statutes (1985). We reverse

Harold Crane v. Lifemark Hospitals, Inc.

898 F.3d 1130

Court of Appeals for the Eleventh Circuit | Filed: Aug 2, 2018 | Docket: 7581614

Cited 6 times | Published

examination pursuant to the Baker Act, Fla. Stat. § 394.451 , et seq. 1 During a Baker

In Re Commitment of Rodgers

875 So. 2d 737, 2004 WL 1284155

District Court of Appeal of Florida | Filed: Jun 11, 2004 | Docket: 1283913

Cited 6 times | Published

mental health treatment under the Baker Act, section 394.451, Florida Statutes (1991). "The constitutional

Harr v. HILLSBOROUGH COMMUNITY MH CTR.

591 So. 2d 1051, 1991 WL 275534

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 541391

Cited 5 times | Published

Michael into custody pursuant to the Baker Act, section 394.451, Florida Statutes, and delivered him to the

Ermini v. Scott

249 F. Supp. 3d 1253

District Court, M.D. Florida | Filed: Apr 6, 2017 | Docket: 64313854

Cited 4 times | Published

commonly known as the “Baker Act.” Fla. Stat. § 394.451 et seq. The Baker Act'allows the voluntary and

J.J. v. Agency for Persons with Disabilities

174 So. 3d 372, 2014 WL 1696188, 2014 Fla. App. LEXIS 6256

District Court of Appeal of Florida | Filed: Apr 30, 2014 | Docket: 60250419

Cited 4 times | Published

Affirmed. . § 393.063(21), Fla. Stat. (2013). . § 394.451, Fla. Stat. (2013). . § 394.4573(l)(d), Fla

Tavares v. State

871 So. 2d 974, 2004 WL 741443

District Court of Appeal of Florida | Filed: Apr 8, 2004 | Docket: 1300376

Cited 4 times | Published

PETERSON and THOMPSON, JJ., concur. NOTES [1] Section 394.451, et seq., Fla. Stat. (2003). [2] The Foucha

Hillsborough Community Mental Health Ctr. v. Harr

618 So. 2d 187

Supreme Court of Florida | Filed: May 20, 1993 | Docket: 1375864

Cited 4 times | Published

Michael into custody pursuant to the Baker Act, section 394.451, Florida Statutes, and delivered him to the

Tribune Co. v. DML

566 So. 2d 1333, 1990 WL 126201

District Court of Appeal of Florida | Filed: Aug 29, 1990 | Docket: 547969

Cited 3 times | Published

Health Act, also known as the Baker Act. See § 394.451 et seq., Fla. Stat. (1987). On December 5, 1988

Mental Health Care, Inc. v. Stuart

909 So. 2d 371, 2005 WL 1812879

District Court of Appeal of Florida | Filed: Aug 3, 2005 | Docket: 1198999

Cited 2 times | Published

assess whether the dosage was proper. [3] See § 394.451 et seq., Fla. Stat. (1995). [4] The defendants

Nigro v. Carrasquillo

152 F. Supp. 3d 1364, 2015 WL 9217348, 2015 U.S. Dist. LEXIS 168725

District Court, S.D. Florida | Filed: Dec 17, 2015 | Docket: 64306049

Cited 1 times | Published

Plaintiff under Florida’s Baker Act, Fla. Stat. § 394.451, et seq. For the reasons that follpw, the Court

D.M.H. v. Pietilla

33 So. 3d 800, 2010 Fla. App. LEXIS 5342, 2010 WL 1626417

District Court of Appeal of Florida | Filed: Apr 23, 2010 | Docket: 1649143

Cited 1 times | Published

SAWAYA and EVANDER, JJ., concur. NOTES [1] § 394.451, Fla. Stat. (2008). [2] We further note that

Cushnie v. State

993 So. 2d 590, 2008 WL 4723134

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516016

Cited 1 times | Published

STEVENSON, JJ., concur. NOTES [1] Baker Act, § 394.451, Fla. Stat. (2007).

CL v. Judd

993 So. 2d 991, 2007 WL 3225415

District Court of Appeal of Florida | Filed: Nov 2, 2007 | Docket: 158229

Cited 1 times | Published

also known as "The Florida Mental Health Act." § 394.451. [3] § 90.503, Fla. Stat. (2005).

CP v. Leon County School Board Florida

483 F.3d 1151

Court of Appeals for the Eleventh Circuit | Filed: Oct 16, 2006 | Docket: 2004475

Cited 1 times | Published

him committed under the Baker Act, Fla. Stat. § 394.451, et seq. (setting forth the Florida

Mount Sinai Medical Center v. Fotea

937 So. 2d 146, 2006 Fla. App. LEXIS 9641, 2006 WL 1627448

District Court of Appeal of Florida | Filed: Jun 14, 2006 | Docket: 64846575

Cited 1 times | Published

Chapter 766. Petition for Certiorari granted. . § 394.451, Fla. Stat. (2003).

Russell v. Agency for Persons With Disabilities

929 So. 2d 601, 2006 Fla. App. LEXIS 6903, 2006 WL 1210200

District Court of Appeal of Florida | Filed: May 8, 2006 | Docket: 1726966

Cited 1 times | Published

treatment five times pursuant to the Baker Act. See § 394.451 et seq., Fla. Stat. (2005). On November 12, 2003

In Re JW

890 So. 2d 337, 2004 WL 3059209

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 1285149

Cited 1 times | Published

reviewed both the Baker Act (Florida Statutes § 394.451) and what has been called the "Jimmy Ryce Act

Burroughs v. BOARD OF TRUST. OF ALACHUA GEN. HOSP.

328 So. 2d 538

District Court of Appeal of Florida | Filed: Mar 11, 1976 | Docket: 1334407

Cited 1 times | Published

known as The Baker Act. Ch. 71-131, Fla.Laws; § 394.451, et seq., F.S. 1971. Defendants allegedly were

Rick Moeller v. Southeast Florida Behavorial Health Network, Inc, Ann Berner, and Lindsay Slatter-Cerny

District Court of Appeal of Florida | Filed: Aug 14, 2024 | Docket: 68038518

Published

from a mental health center licensed under section 394.451, et seq., Florida Statutes (2022), known as

KAREN ROSS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 30, 2023 | Docket: 67744032

Published

petitioned for section 394.467 involuntary 1 § 394.451, Fla. Stat. (2022). inpatient placement. Ross

JAMES DELOATCH v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 24, 2023 | Docket: 63301672

Published

Florida Mental Health Act’ or ‘The Baker Act.’” § 394.451, Fla. Stat. (2018). Part I includes section 394

C.R. v. Dept. of Children and Families

253 So. 3d 97

District Court of Appeal of Florida | Filed: Aug 8, 2018 | Docket: 7619142

Published

Department filed a verified dependency petition, 1See § 394.451, Fla. Stat. (2015). 2The Child was initially placed

Greer v. Ivey

242 F. Supp. 3d 1284, 2017 U.S. Dist. LEXIS 65448, 2017 WL 1424345

District Court, M.D. Florida | Filed: Mar 14, 2017 | Docket: 64313308

Published

2d 804 (Fla. 2004). See generally Fla. Stat. § 394.451 et seq. The factual circumstances here are clearly

Lopez v. Perez

221 So. 3d 1204, 2016 Fla. App. LEXIS 16199, 2016 WL 6476298

District Court of Appeal of Florida | Filed: Nov 2, 2016 | Docket: 4484759

Published

having been “Baker Acted,” see section 394.451 et seq., Fla. Stat. (2016), and asserts the

Hogan v. State

173 So. 3d 903, 2015 Fla. App. LEXIS 12037, 2015 WL 4768957

District Court of Appeal of Florida | Filed: Aug 14, 2015 | Docket: 60250232

Published

commitment of persons based on mental illness. See § 394.451, Fla. Stat. (2013).

Thomas v. State

93 So. 3d 404, 2012 WL 2471318, 2012 Fla. App. LEXIS 10580

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60310573

Published

chapter 394, from sections 394.451 to 394.4789. See § 394.451, Fla. Stat. (2011). . At the competency hearing

Sanfeliz v. State

58 So. 3d 390, 2011 Fla. App. LEXIS 5363, 2011 WL 1431613

District Court of Appeal of Florida | Filed: Apr 11, 2011 | Docket: 60299351

Published

(commonly referred to as the “Baker Act”). See § 394.451-.4789, Fla. Stat. (2010). Defense counsel developed

CP v. Leon County School Board

466 F.3d 1318, 2006 U.S. App. LEXIS 25669, 2006 WL 2940745

Court of Appeals for the Eleventh Circuit | Filed: Oct 16, 2006 | Docket: 65657713

Published

him committed under the Baker Act, Fla. Stat. § 394.451, et seq. (setting forth the Florida procedure

Department of Children & Family Services v. J.W.

890 So. 2d 337, 2004 Fla. App. LEXIS 18820

District Court of Appeal of Florida | Filed: Dec 10, 2004 | Docket: 64835264

Published

reviewed both the Baker Act (Florida Statutes § 394.451) and what has been called the “Jimmy Ryce Act

Williams v. State

852 So. 2d 433, 2003 Fla. App. LEXIS 12553, 2003 WL 21993961

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 64824400

Published

involuntary civil commitments under the Baker Act, § 394.451-394.4789, Fla. Stat. (2001). In broad terms, the

Ago

Florida Attorney General Reports | Filed: Oct 17, 2001 | Docket: 3256793

Published

A. Butterworth Attorney General RAB/tgh 1 Section 394.451, Fla. Stat., provides the title for the act

Ago

Florida Attorney General Reports | Filed: Nov 8, 1999 | Docket: 3255497

Published

A. Butterworth Attorney General RAB/tjw 1 Section 394.451, Fla. Stat. 2 Section 394.455(26), Fla. Stat

Ago

Florida Attorney General Reports | Filed: Aug 2, 1993 | Docket: 3256949

Published

A. Butterworth Attorney General RAB/trh 1 Section 394.451, F.S. 2 Section 394.455(8), F.S. (1992 Supp

Seminole County v. Mize

533 So. 2d 853, 13 Fla. L. Weekly 2362, 1988 Fla. App. LEXIS 4636, 1988 WL 107913

District Court of Appeal of Florida | Filed: Oct 20, 1988 | Docket: 64638535

Published

operate the circuit and county courts." . Section 394.451, et seq., Florida Statutes (1987). . Section

Seminole County v. Mize

533 So. 2d 853, 13 Fla. L. Weekly 2362, 1988 Fla. App. LEXIS 4636, 1988 WL 107913

District Court of Appeal of Florida | Filed: Oct 20, 1988 | Docket: 64638535

Published

operate the circuit and county courts." . Section 394.451, et seq., Florida Statutes (1987). . Section

Olive v. State

509 So. 2d 1375, 12 Fla. L. Weekly 1771, 1987 Fla. App. LEXIS 9526

District Court of Appeal of Florida | Filed: Jul 23, 1987 | Docket: 64628467

Published

involuntary commitment under the Baker Act, Section 394.451, et seq., Florida Statutes. We reverse and