The Baker Act and the Marchman Act are fundamentally different in that the Baker Act is Florida's Mental Health Act and the Marchman Act is Florida's Alcohol and Other Drug Services Act. The Baker Act is also known as Florida's Mental Health Act.

And according to Clerk of the Circuit Court and Comptroller of Palm Beach County, the Baker Act, also known as the Comprehensive Mental Health Services Act for Florida, addresses petitions for involuntary examination of a mentally ill individual and petitions for involuntary placement of a mentally ill individual in a facility.

The Marchman Act, sometimes known as the Alcohol and Other Drug Services Act, is a federal statute that handles petitions for involuntary evaluation and stabilization of a drug addiction impaired person, as well as applications for involuntary treatment of such individual.

The Baker Act is a federal law that prohibits discrimination against people with disabilities.

Palm Beach County's standards for involuntary examination require the petitioner to demonstrate a court with reasonable grounds to suspect the individual has a mental disorder and that, as a result of the mental disease, they are:

  • The person refuses to submit to a voluntary examination, OR the person is unable to determine for themselves if an examination is necessary, AND
  • If the person does not receive care, they are likely to suffer from neglect or refuse to care for themselves, and also that neglect poses a real and present threat of significant harm to their well-being that cannot be avoided with the assistance of family or friends, OR
  • There is a substantial likelihood that the person will cause serious bodily harm to another person.

According to the Baker Act, mental illness is defined as "an impairment of the mental or emotional processes which it exercises conscious control over one's actions or of the ability to perceive or understand reality, that also impairment substantially interferes with the person's capacity to achieve the ordinary demands of daily life.

As the clerk also points out, a mental disease does not consist only of developmental disorders like mental retardation or dementia, nor does it consist exclusively of illnesses shown solely via antisocial conduct or drug misuse.

An involuntary examination may be initiated by a physician, clinical psychologist, psychiatrist, mental health counselor or certified marriage and family therapist (MFT) or clinical social worker; a law enforcement officer; or by a friend or family member who submits an "Application for Ex Parte Order Requiring Involuntary Examination" under the Baker Act.

The involuntary Petition is five pages long, requires detailed facts of recent conduct to establish criteria, is notarized, and is submitted in the Unified Family Court Units of the United States. An information and description page, as well as cover sheets for family law cases, notifications of linked cases, and date of the birth form, are all included with the package.


The Marchman Act is a piece of legislation that was passed in 1913.

When seeking involuntary assessment and stabilization in Palm Beach County, a petitioner must provide the court with a reason to believe that the respondent is substance abuse impaired, AND that, as a result of the impairment, they have lost the ability to control their substance abuse, AND that they have inflicted or are likely to cause physical harm to themselves or others unless admitted, OR that the respondent's refusal to accept voluntary treatment is based on the judgement that so impairs that it necessitates

A violation of the Marchman Act is defined as the misuse, abuse, or dependency on, or the inability to function well without, alcohol, illegal narcotics, or prescription medicine. Additionally, it describes substance abuse impaired as "a state characterized by the use of alcoholic drinks or another psychoactive or mood-altering drug in such a way as to create mental, emotional, or bodily issues, as well as the occurrence of socially dysfunctional conduct".

According to the Marchman Act, the following are the procedures for filing a petition for involuntary evaluation and stabilization and a petition for involuntary treatment:

The Petition can be filed by a spouse, legal guardian, any relative, private practitioner, director of a licensed service provider, or any adult who has direct knowledge of the respondent's substance abuse impairment. The Petition can also be filed by a parent, legal guardian, or licensed service provider on behalf of a minor. To put it another way, recent conduct.

Marchman Act facilities are not "lockdown" facilities, and they cannot physically prevent an individual from leaving, according to the Clerk of the Circuit Court and Comptroller of Palm Beach County.

  • Marchman Act facilities are not "lockdown" facilities, and they cannot physically prevent an individual from leaving. The sole remedy is a contempt of court proceeding, which is the last resort.
  • Treatment is not always provided at no cost, particularly when the court determines that the respondent, spouse, or guardian has the financial means to pay for it.
  • The Marchman Act does not guarantee a bed, and the petitioners may be obliged to identify a facility that has a bed available before filing their petition.