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Florida Statute 394.451 - Full Text and Legal Analysis
Florida Statute 394.451 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 394.451 Case Law from Google Scholar Google Search for Amendments to 394.451

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 394
MENTAL HEALTH
View Entire Chapter
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: 45  |  Sort by: Relevance  |  Newest First

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MW v. Davis, 756 So. 2d 90 (Fla. 2000).

Cited 41 times | Published | Supreme Court of Florida | 2000 WL 551038

...is required. It is so ordered. HARDING, C.J., and SHAW, ANSTEAD, LEWIS and QUINCE, JJ., concur. WELLS, J., concurs in result only. NOTES [1] The Florida Mental Health Act, also known as the Baker Act, is found in part I of chapter 394, from sections 394.451 to 394.4789. See § 394.451, Fla....
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Tallahassee Mem'l Reg'l Med. Ctr. v. Cook, 109 F.3d 693 (11th Cir. 1997).

Cited 27 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 6506, 1997 WL 131320

...sible for ensuring there are adequate adolescent psychiatric care facilities available. On the other hand, Defendant points out that it is only authorized to disburse Medicaid payments for "medically necessary" services. 5 See Fla.Stat. § 394.451 (1994), et seq....
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Brancaccio v. State, 698 So. 2d 597 (Fla. 4th DCA 1997).

Cited 24 times | Published | Florida 4th District Court of Appeal | 1997 WL 442347

...Appellant's defense was that the medication he was taking, which was prescribed to him during his recent confinement in a mental hospital, had caused him to lose control. Two months prior to the killing, appellant had been committed to a mental health center pursuant to the Baker Act, § 394.451, Florida Statutes (1995), after threatening to kill his parents and himself....
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Paddock v. Chacko, 522 So. 2d 410 (Fla. 5th DCA 1988).

Cited 22 times | Published | Florida 5th District Court of Appeal | 1988 WL 10830

...One of plaintiff's experts testified that defendant was negligent for allowing himself to be dissuaded by plaintiff's father from hospitalizing the plaintiff, and offered as an alternative the opinion that Chacko should have caused plaintiff to be involuntarily hospitalized under the provisions of Florida's Baker Act. See § 394.451 et seq., Fla....
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CP v. Leon Cnty. Sch. Bd. Florida, 483 F.3d 1151 (11th Cir. 2007).

Cited 19 times | Published | Court of Appeals for the Eleventh Circuit | 2007 WL 1052607

...Although a parent-teacher conference was held to discuss the matter, the School Board denied the request. CP’s behavior and attendance worsened as the school year progressed. In October, CP’s parents requested to have him committed under the Baker Act, Fla. Stat. § 394.451, et seq....
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Bellavance v. State, 390 So. 2d 422 (Fla. 1st DCA 1980).

Cited 16 times | Published | Florida 1st District Court of Appeal

...prematurely releasing Riccardelli, he has incurred substantial medical expenses and will lose the services of his minor son. The patient, Gary Riccardelli, had been involuntarily committed to the Northeast Florida State Hospital under The Baker Act, Section 394.451 et seq., Florida Statutes, immediately following his release from prison....
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Attorney Ad Litem for DK v. Parents of DK, 780 So. 2d 301 (Fla. 4th DCA 2001).

Cited 13 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 3473, 2001 WL 273834

...However, in this case, it is the attorney ad litem, who was appointed for the very purpose of protecting any privilege the minor child might have. Section 61.401, Florida Statutes (2000), clearly distinguishes between guardians ad litem and legal counsel for the child. [2] See § 744.301(1), Fla.Stat. (1999). [3] See § 394.451-.4789, Fla.Stat....
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Schexnayder v. State, 495 So. 2d 850 (Fla. 1st DCA 1986).

Cited 9 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2127

...Public Defender, Jacksonville, for appellant. Jim Smith, Atty. Gen., J. Craig Myrick, Asst. Atty. Gen., Tallahassee, for appellee. SMITH, Judge. This is an appeal from an order placing appellant involuntarily in a mental institution for treatment under the Baker Act, section 394.451, et seq., Florida Statutes (1985)....
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Smith v. State, 508 So. 2d 1292 (Fla. 1st DCA 1987).

Cited 8 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 1461

...Public Defender, Jacksonville, for appellant. Robert A. Butterworth, Atty. Gen., James W. Sloan, Asst. Atty. Gen., Tallahassee, for appellee. SMITH, Judge. Appellant appeals an order involuntarily committing him to the state mental hospital under the Baker Act, section 394.451, et....
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Grimsley v. State, 830 So. 2d 118 (Fla. 2d DCA 2002).

Cited 8 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1769021

...Her testimony was, for the most part, hearsay, and defense counsel objected repeatedly on that ground. Ellis stated that someone at Grimsley's approved residence, the Caring Ministries Program, told her that Grimsley had been committed to the Peace River Center under the Baker Act. See § 394.451, Fla....
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In Re Commitment of Rodgers, 875 So. 2d 737 (Fla. 2d DCA 2004).

Cited 6 times | Published | Florida 2nd District Court of Appeal | 2004 WL 1284155

...To advance his equal protection claim on appeal, he argues that the Florida courts have recognized a prohibition against compelled testimony for defendants in other types of civil proceedings, such as the civil commitment for mental health treatment under the Baker Act, section 394.451, Florida Statutes (1991)....
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Harold Crane v. Lifemark Hospitals, Inc., 898 F.3d 1130 (11th Cir. 2018).

Cited 6 times | Published | Court of Appeals for the Eleventh Circuit

...chronic depressive and anxiety disorders. On July 17, 2011, the Miami-Dade Police Department responded to a call that Crane was suicidal and transported Crane to PGH for an involuntary commitment examination pursuant to the Baker Act, Fla. Stat. § 394.451, et seq....
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Harr v. Hillsborough Cmty. Mh Ctr., 591 So. 2d 1051 (Fla. 2d DCA 1991).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 1991 WL 275534

...served hooking up a flexible hose to the exhaust pipe of his pickup truck. A Hillsborough County Sheriff's deputy dispatched *1053 to investigate found suicide notes in Michael's truck. The deputy took Michael into custody pursuant to the Baker Act, section 394.451, Florida Statutes, and delivered him to the Hillsborough Community Mental Health Center at approximately 8:00 p.m....
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Hillsborough Cmty. Mental Health Ctr. v. Harr, 618 So. 2d 187 (Fla. 1993).

Cited 4 times | Published | Supreme Court of Florida

...was observed hooking up a flexible hose to the exhaust pipe of his pickup truck. A Hillsborough County Sheriff's deputy dispatched to investigate found suicide notes in Michael's truck. The deputy took Michael into custody pursuant to the Baker Act, section 394.451, Florida Statutes, and delivered him to the Hillsborough Community Mental Health Center at approximately 8:00 p.m....
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Tavares v. State, 871 So. 2d 974 (Fla. 5th DCA 2004).

Cited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 741443

...Accordingly, we remand for the trial court to include specific findings of fact in the commitment order. While there are other issues raised by Mr. Tavares, our review reflects no other error committed by the trial court. AFFIRMED, but REMANDED with instructions. PETERSON and THOMPSON, JJ., concur. NOTES [1] Section 394.451, et seq., Fla....
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Ermini v. Scott, 249 F. Supp. 3d 1253 (M.D. Fla. 2017).

Cited 4 times | Published | District Court, M.D. Florida

...#56-1 at 127.) . Detective Sands testified that he spoke to Deputies Lisenbee, Pálmese, and Hamer following the incident on the evening of March 23, 2012. . The Florida Mental Health Act of 1971 is commonly known as the “Baker Act.” Fla. Stat. § 394.451 et seq....
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J.J. v. Agency for Persons with Disabilities, 174 So. 3d 372 (Fla. 3d DCA 2014).

Cited 4 times | Published | Florida 3rd District Court of Appeal | 2014 WL 1696188, 2014 Fla. App. LEXIS 6256

...The Agency and its expert mental health professionals would surely agree that J.J. should not be allowed to drop, like a fly ball between right and center field, covered by no one. The unanswered question in the aftermath of our affirmance is: if not HCBS, what? Affirmed. . § 393.063(21), Fla. Stat. (2013). . § 394.451, Fla....
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Tribune Co. v. DML, 566 So. 2d 1333 (Fla. 2d DCA 1990).

Cited 3 times | Published | Florida 2nd District Court of Appeal | 1990 WL 126201

...The appellees are D.M.L., an individual, and Anclote Manor Hospital, a private treatment center for the mentally ill. Anclote Manor Hospital provides care to voluntary patients and to those involuntarily placed in its facility pursuant to the Florida Mental Health Act, also known as the Baker Act. See § 394.451 et seq., Fla....
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Mental Health Care, Inc. v. Stuart, 909 So. 2d 371 (Fla. 2d DCA 2005).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 1812879

...Perkins, of course, did not prescribe this medication. It was prescribed by a staff physician at MHC. Apparently, it is difficult to establish a proper dosage for this medication. When Ms. Perkins visited Mr. Cox, she did attempt to assess whether the dosage was proper. [3] See § 394.451 et seq., Fla....
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Cushnie v. State, 993 So. 2d 590 (Fla. 4th DCA 2008).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2008 WL 4723134

...vior at trial was bizarre. In contrast, in the present case there was nothing to alert the court or counsel that *593 appellant was not, at the time of trial, competent to go to trial. Affirmed. POLEN and STEVENSON, JJ., concur. NOTES [1] Baker Act, § 394.451, Fla....
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CP v. Leon Cnty. Sch. Bd. Florida, 483 F.3d 1151 (11th Cir. 2006).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit

...Although a parent-teacher conference was held to discuss the matter, the School Board denied the request. CP’s behavior and attendance worsened as the school year progressed. In October, CP’s parents requested to have him committed under the Baker Act, Fla. Stat. § 394.451, et seq....
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CL v. Judd, 993 So. 2d 991 (Fla. 2d DCA 2007).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2007 WL 3225415

...ivilege. In all other respects, we deny the petition. Petition granted in part and denied in part; order quashed in part. FULMER and CANADY, JJ., Concur. NOTES [1] In this opinion, we have used the petitioner's initials to protect her privacy. [2] §§ 394.451-.4789, Fla. Stat. (2005). The Baker Act is also known as "The Florida Mental Health Act." § 394.451....
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Russell v. Agency for Persons With Disabilities, 929 So. 2d 601 (Fla. 1st DCA 2006).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 6903, 2006 WL 1210200

...She has a history of running away, threatening suicide, and using poor judgment in dangerous situations. She has destroyed personal property which has resulted in charges against her and in her arrest. She has been committed for inpatient psychiatric treatment five times pursuant to the Baker Act. See § 394.451 et seq., Fla....
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Burroughs v. Bd. of Trust. of Alachua Gen. Hosp., 328 So. 2d 538 (Fla. 1st DCA 1976).

Cited 1 times | Published | Florida 1st District Court of Appeal

...ts. The patient, who suffered from depression associated with alcoholism, had voluntarily placed herself in the hospital and in Dr. Wagemaker's care under the terms of The Florida Mental Health Act, also known as The Baker Act. Ch. 71-131, Fla.Laws; § 394.451, et seq., F.S....
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Mount Sinai Med. Ctr. v. Fotea, 937 So. 2d 146 (Fla. 3d DCA 2006).

Cited 1 times | Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 9641, 2006 WL 1627448

...Accordingly, Mount Sinai’s Petition for Certiorari is granted, and the matter is remanded with directions to grant Mount Sinai’s Motion to Dismiss Fotea’s Second Amended Complaint for failure to comply with the presuit requirements of Chapter 766. Petition for Certiorari granted. . § 394.451, Fla....
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Nigro v. Carrasquillo, 152 F. Supp. 3d 1364 (S.D. Fla. 2015).

Cited 1 times | Published | District Court, S.D. Florida | 2015 WL 9217348, 2015 U.S. Dist. LEXIS 168725

Plaintiff under Florida’s Baker Act, Fla. Stat. § 394.451, et seq. For the reasons that follpw, the Court
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In Re Jw, 890 So. 2d 337 (Fla. 2d DCA 2004).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2004 WL 3059209

...Court believes that it should apply a burden of proof of "clear and convincing evidence." While Florida Rule of Juvenile Procedure 8.350 is silent as to the burden of proof to be applied, this Court has reviewed both the Baker Act (Florida Statutes § 394.451) and what has been called the "Jimmy Ryce Act," (Florida Statutes § 394.910)....
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D.M.H. v. Pietilla, 33 So. 3d 800 (Fla. 5th DCA 2010).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 5342, 2010 WL 1626417

...Based on the foregoing, we reject D.M.H.'s argument that her hearing on involuntary inpatient placement had to be held within five calendar days of the petition being filed. Accordingly, we affirm the trial court's denial of her petition for writ of habeas corpus. [2] AFFIRMED. SAWAYA and EVANDER, JJ., concur. NOTES [1] § 394.451, Fla....
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Seminole Cnty. v. Mize, 533 So. 2d 853 (Fla. Dist. Ct. App. 1988).

Published | District Court of Appeal of Florida | 13 Fla. L. Weekly 2362, 1988 Fla. App. LEXIS 4636, 1988 WL 107913

...Section 397.052(1), Florida Statutes (1987). . Section 397.052(6), Florida Statutes (1987). . Section 43.28 states: "The counties shall provide appropriate courtrooms, facilities, equipment, and, unless provided by the state, personnel necessary to operate the circuit and county courts." . Section 394.451, et seq., Florida Statutes (1987)....
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Ago (Fla. Att'y Gen. 2001).

Published | Florida Attorney General Reports

...s for involuntary examination and treatment. Thus, to the extent of any inconsistency, the discussion and conclusion contained in this opinion should prevail over those of earlier opinions. Sincerely, Robert A. Butterworth Attorney General RAB/tgh 1 Section 394.451 , Fla....
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CP v. Leon Cnty. Sch. Bd., 466 F.3d 1318 (11th Cir. 2006).

Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 25669, 2006 WL 2940745

...Although a parent-teacher conference was held to discuss the matter, the School Board denied the request. CP’s behavior and attendance worsened as the school year progressed. In October, CP’s parents requested to have him committed under the Baker Act, Fla. Stat. § 394.451 , et seq....
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Ago (Fla. Att'y Gen. 1999).

Published | Florida Attorney General Reports

...for purposes of Florida's Baker Act, and thus possess no authority under the act to initiate the involuntary examination of a person or to transport such person as law enforcement officers. Sincerely, Robert A. Butterworth Attorney General RAB/tjw 1 Section 394.451 , Fla....
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Lopez v. Perez, 221 So. 3d 1204 (Fla. 3d DCA 2016).

Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 16199, 2016 WL 6476298

...We therefore reverse that order and remand this cause for further proceedings not inconsistent with this opinion. Affirmed in part, reversed in part, and remanded. counsel for Perez referred to the minor child as having been “Baker Acted,” see section 394.451, et seq., Fla....
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James Deloatch v. State of Florida (Fla. 4th DCA 2023).

Published | Florida 4th District Court of Appeal

...Title XXIX of the Florida Statutes is captioned as “Public Health” and encompasses chapters 381–408. Chapter 394 is captioned “Mental Health.” That chapter’s Part I “shall be known as ‘The Florida Mental Health Act’ or ‘The Baker Act.’” § 394.451, Fla....
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Greer v. Ivey, 242 F. Supp. 3d 1284 (M.D. Fla. 2017).

Published | District Court, M.D. Florida | 2017 U.S. Dist. LEXIS 65448, 2017 WL 1424345

...f the illness, present a threat of substantial harm to their own well-being, or present a danger that the patient will inflict serious bodily harm on himself or herself or on others.”), approved, 889 So.2d 804 (Fla. 2004). See generally Fla. Stat. § 394.451 et seq....
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Thomas v. State, 93 So. 3d 404 (Fla. 2d DCA 2012).

Published | Florida 2nd District Court of Appeal | 2012 WL 2471318, 2012 Fla. App. LEXIS 10580

chapter 394, from sections 394.451 to 394.4789. See § 394.451, Fla. Stat. (2011). . At the competency hearing
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Olive v. State, 509 So. 2d 1375 (Fla. 4th DCA 1987).

Published | Florida 4th District Court of Appeal | 12 Fla. L. Weekly 1771, 1987 Fla. App. LEXIS 9526

involuntary commitment under the Baker Act, Section 394.451, et seq., Florida Statutes. We reverse and
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Dep't of Child. & Fam. Servs. v. J.W., 890 So. 2d 337 (Fla. 2d DCA 2004).

Published | Florida 2nd District Court of Appeal | 2004 Fla. App. LEXIS 18820

...rt believes that it should apply a burden of proof of “clear and convincing evidence.” While Florida Rule of Juvenile Procedure 8.350 is silent as to the burden of proof to be applied, this Court has reviewed both the Baker Act (Florida Statutes § 394.451) and what has been called the “Jimmy Ryce Act,” (Florida Statutes § 394.910)....
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C.R. v. Dept. of Child. & Families, 253 So. 3d 97 (Fla. 3d DCA 2018).

Published | Florida 3rd District Court of Appeal

...abandonment, or neglect. Following a shelter review hearing, the trial court entered an order on January 27, 2015, placing the three children in shelter care.2 On February 10, 2015, the Department filed a verified dependency petition, 1See § 394.451, Fla....
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Karen Ross v. State of Florida (Fla. 4th DCA 2023).

Published | Florida 4th District Court of Appeal

...Consequently, Ross was taken to the Center for “involuntary examination” pursuant to section 394.463, Florida Statutes (2022). There, a psychiatrist examined her. Based on this doctor’s examination of Ross and his communications with Ross’s family, the Center petitioned for section 394.467 involuntary 1 § 394.451, Fla....
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Williams v. State, 852 So. 2d 433 (Fla. 5th DCA 2003).

Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 12553, 2003 WL 21993961

...Our task is made easier by the opinion of the Florida Supreme Court in Pullen v. State, 802 So.2d 1113 (Fla.2001), cert. denied, 536 U.S. 915 , 122 S.Ct. 2381 , 153 L.Ed.2d 199 (2002). There, the Court held that the Anders procedure is to be used in appeals of involuntary civil commitments under the Baker Act, § 394.451-394.4789, Fla....
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Ago (Fla. Att'y Gen. 1993).

Published | Florida Attorney General Reports

A. Butterworth Attorney General RAB/trh 1 Section 394.451, F.S. 2 Section 394.455(8), F.S. (1992 Supp
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Rick Moeller v. Se. Florida Behavorial Health Network, Inc, Ann Berner, & Lindsay Slatter-Cerny (Fla. 4th DCA 2024).

Published | Florida 4th District Court of Appeal

...Henderson, Jacksonville, for appellant. Glen J. Torcivia of Torcivia, Donlon, Goddeau & Rubin, P.A., West Palm Beach, for appellees. GERBER, J. This case arises from a man’s suicide eighteen hours after his discharge from a mental health center licensed under section 394.451, et seq., Florida Statutes (2022), known as the Baker Act. The man’s father appeals from the circuit court’s final order denying the father’s mandamus petition....
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Hogan v. State, 173 So. 3d 903 (Fla. 5th DCA 2015).

Published | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 12037, 2015 WL 4768957

...the opportunity to amend his motion. AFFIRMED in part; REVERSED in part; and REMANDED. ORFINGER and EDWARDS, JJ., concur. . § 800.04(4)(a), Fla. Stat. (2009). . The Baker Act authorizes involuntary commitment of persons based on mental illness. See § 394.451, Fla....
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Sanfeliz v. State, 58 So. 3d 390 (Fla. 5th DCA 2011).

Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 5363, 2011 WL 1431613

...r and resisting an officer with violence. The alleged criminal acts occurred while deputies were taking Sanfeliz into custody for an involuntary examination pursuant to the Florida Mental Health Act (commonly referred to as the “Baker Act”). See § 394.451-.4789, Fla....