Florida Senate Bill S1844 Analysis / Analysis

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Children, Families, and Elder Affairs  
 
BILL: SB 1844 
INTRODUCER:  Senator Bean 
SUBJECT:  Mental Health and Substance Abuse 
DATE: January 31, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Delia Cox CF Pre-meeting 
2.     JU  
3.     AP  
 
I. Summary: 
SB 1844 modifies the Baker Act and makes significant changes to the Marchman Act, the 
statutory processes for mental health and substance abuse examinations and treatment, 
respectively. The bill makes all of the following substantive changes:  
 Requires facilities to inform persons with a serious mental illness or a serious substance use 
disorder, under both the Baker and Marchman Acts, of “the essential elements of recovery” 
and provide assistance in accessing a post-discharge continuum of care regimen. 
 Allows individuals to be admitted as a civil patient in a state treatment facility without a 
transfer evaluation. 
 Clarifies that the 72-hour involuntary examination period under the Baker Act begins when a 
patient arrives at a receiving facility; 
 Provides law enforcement officers with discretion in deciding whether or not to detain 
someone and transfer them to a receiving facility under both the Baker and Marchman Acts;  
 Makes the state attorney the “real party of interest” in Marchman Act cases before the courts. 
 Prohibits courts from ordering an individual with a developmental disability, as defined in s. 
393.063, F.S, who lacks a co-occurring mental illness to a state mental health treatment 
facility for involuntary inpatient placement and requiring that such individuals instead be 
referred to specified agencies for further evaluation and the provision of appropriate services. 
 Repeals several sections of the Marchman Act, specifically those relating to involuntary 
assessment and stabilization, and relocates and amends such language into the provisions for 
involuntary treatment.  
 Allows the court to order six months of involuntary outpatient treatment in lieu of inpatient 
treatment by a court as part of involuntary inpatient proceedings under s. 394.467, F.S., if the 
person had been twice ordered into inpatient treatment during the last 36 months and meets 
the criteria for involuntary placement. 
 Changes the term “involuntary treatment” to “involuntary treatment services” in every 
instance where the term appears in ch. 397, F.S.  
REVISED:   BILL: SB 1844   	Page 2 
 
 Prohibits a court, in a hearing for placement in a treatment facility, from considering 
substantive information in the transfer evaluation unless the evaluator testifies at the hearing.  
 Repeals all provisions for court-ordered involuntary assessments and stabilization (ss. 
397.6811 to 397.6822, F.S.), and combines these procedures into a consolidated involuntary 
treatment process. 
 Requires the court to hold a hearing within ten court working days. 
 Amends s. 394.467(7), F.S., removing a 90-day cap in this section (implemented in 2016) as 
it is irrelevant on this provision given that long-term treatment has always been for up to six 
months.   
 Ensures consistency to other changes made by the act which remove the 90-day cap on the 
amount of time an individual can be held at a receiving facility. 
 Requires the Department of Children and Families (the DCF) to collect and analyze data 
related to Marchman Act cases and generate annual reports on data collected. 
 
The DCF states that the bill is anticipated to have an indeterminate, negative fiscal impact on the 
agency, as well as on private sector substance use disorder treatment providers. See Section V. 
Fiscal Impact Statement. 
 
The bill has an effective date of July 1, 2021. 
II. Present Situation: 
The Baker Act 
In 1971, the Legislature adopted the Florida Mental Health Act, known as the Baker Act.
1
 The 
Baker Act deals with Florida’s mental health commitment laws, and includes legal procedures 
for mental health examination and treatment, including voluntary and involuntary examinations.
2
 
The Baker Act also protects the rights of all individuals examined or treated for mental illness in 
Florida.
3
  
 
Involuntary Examination  
Individuals suffering from an acute mental health crisis may require emergency treatment to 
stabilize their condition. Emergency mental health examination and stabilization services may be 
provided on a voluntary or involuntary basis.
4
 An involuntary examination is required if there is 
reason to believe that the person has a mental illness and because of his or her mental illness: 
 The person has refused voluntary examination after conscientious explanation and disclosure 
of the purpose of the examination or is unable to determine for himself or herself whether 
examination is necessary; and 
 Without care or treatment, the person is likely to suffer from neglect or refuse to care for 
himself or herself; such neglect or refusal poses a real and present threat of substantial harm 
to his or her well-being; and it is not apparent that such harm may be avoided through the 
help of willing family members or friends or the provision of other services; or  
                                                
1
 Chapter 71-131, L.O.F..; The Baker Act is contained in ch. 394, F.S. 
2
 Sections 394.451-394.47891, F.S. 
3
 Section 394.459, F.S. 
4
 Sections 394.4625 and 394.463, F.S.  BILL: SB 1844   	Page 3 
 
 There is a substantial likelihood that without care or treatment the person will cause serious 
bodily harm to himself or herself or others in the near future, as evidenced by recent 
behavior.
5
  
 
The involuntary examination may be initiated by: 
 A court entering an ex parte order stating that a person appears to meet the criteria for 
involuntary examination, based on sworn testimony;
6
   
 A law enforcement officer taking a person who appears to meet the criteria for involuntary 
examination into custody and delivering the person or having him or her delivered to a 
receiving facility for examination;
7
 or 
 A physician, clinical psychologist, psychiatric nurse, mental health counselor, marriage and 
family therapist, or clinical social worker executing a certificate stating that he or she has 
examined a person within the preceding 48 hours and finds that the person appears to meet 
the criteria for involuntary examination, including a statement of the professional’s 
observations supporting such conclusion.
8
 
 
Involuntary patients must be taken to either a public or private facility which has been designated 
by the DCF as a Baker Act receiving facility. The purpose of receiving facilities is to receive and 
hold, or refer, as appropriate, involuntary patients under emergency conditions for psychiatric 
evaluation and to provide short-term treatment or transportation to the appropriate service 
provider.
9
 The patient must be examined by the receiving facility within 72 hours of the initiation 
of the involuntary examination and specified actions must be taken within that time frame to 
address the individual needs of the patient.
10
 
 
Involuntary Outpatient Placement 
A person may be ordered to involuntary outpatient services upon a finding of the court that by 
clear and convincing evidence that all of the following factors are met: 
 The person is 18 years of age or older; 
 The person has a mental illness; 
 The person is unlikely to survive safely in the community without supervision, based on a 
clinical determination; 
 The person has a history of lack of compliance with treatment for mental illness; 
 The person has, within the immediately preceding 36 months: 
o Been involuntarily admitted to a receiving or treatment facility, or has received mental 
health services in a forensic or correctional facility, at least twice; or 
o Engaged in one or more acts of serious violent behavior toward self or others, or attempts 
at serious bodily harm to himself or herself or others; 
 The person is, as a result of his or her mental illness, unlikely to voluntarily participate in the 
recommended treatment plan and either he or she has refused voluntary placement for 
                                                
5
 Section 394.463(1), F.S. 
6
 Section 394.463(2)(a)1., F.S. Additionally, the order of the court must be made a part of the patient’s clinical record. 
7
 Section 394.463(2)(a)2., F.S. The officer must execute a written report detailing the circumstances under which the person 
was taken into custody, and the report must be made a part of the patient’s clinical record. 
8
 Section 394.463(2)(a)3., F.S. The report and certificate shall be made a part of the patient’s clinical record 
9
 Section 394.455(40), F.S. 
10
 Section 394.463(2)(g), F.S.   BILL: SB 1844   	Page 4 
 
treatment or he or she is unable to determine for himself or herself whether placement is 
necessary; 
 The person is in need of involuntary outpatient services in order to prevent a relapse or 
deterioration that would be likely to result in serious bodily harm to himself or herself or 
others, or a substantial harm to his or her well-being;
11
 
 It is likely that the person will benefit from involuntary outpatient placement; and 
 All available, less restrictive alternatives that would offer an opportunity for improvement of 
his or her condition have been judged to be inappropriate or unavailable.
12
 
 
A petition for involuntary outpatient placement may be filed by the administrator of either a 
receiving facility or a treatment facility.
13
 The petition must allege and sustain each of the 
criterion for involuntary outpatient placement and be accompanied by a certificate 
recommending involuntary outpatient placement by a qualified professional and a proposed 
treatment plan.
14
 
 
The petition for involuntary outpatient placement must be filed in the county where the patient is 
located. However, if the patient is being placed from a state treatment facility, the petition must 
be filed in the county where the patient will reside.
15
 When the petition has been filed, the clerk 
of the court must provide copies of the petition and the proposed treatment plan to the DCF, the 
managing entity, the patient, the patient’s guardian or representative, the state attorney, and the 
public defender or the patient’s private counsel.
16
 
 
Once a petition for involuntary outpatient placement has been filed with the court, the court must 
hold a hearing within five business days, unless a continuance is granted.
17
 The state attorney for 
the circuit in which the patient is located is required to represent the state, rather than the 
petitioner, as the real party in interest in the proceeding.
18
 The court must appoint the public 
defender to represent the person who is the subject of the petition, unless that person is otherwise 
represented by counsel.
19
 
 
At the hearing on involuntary outpatient placement, the court is required to consider testimony 
and evidence regarding the patient’s competence to consent to treatment; if the court finds that 
the patient is incompetent to consent to treatment, it must appoint a guardian advocate
20
  If the 
court concludes that the patient meets the criteria for involuntary outpatient placement it must 
issue an order for involuntary outpatient services.
21
 The order must specify the duration of 
involuntary outpatient services, up to 90 days, and the nature and extent of the patient’s mental 
                                                
11
 This factor is evaluated based on the person’s treatment history and current behavior. 
12
 Section 394.4655(2), F.S. 
13
 Section 394.4655(4)(a), F.S. 
14
 Section 394.4655(4)(b), F.S. 
15
 Section 394.4655(4)(c), F.S. 
16
 Id. 
17
 Section 394.4655(7)(a)1., F.S. 
18
 Id. 
19
 Section 394.4655(5), F.S. This must be done within one court working day of filing of the petition. 
20
 Section 394.4655(7)(d), F.S. 
21
 Section 394.4655(7)(b)1., F.S.  BILL: SB 1844   	Page 5 
 
illness.
22
 The order of the court and the treatment plan must be made part of the patient’s clinical 
record.
23
 
 
If, at any time before the conclusion of the initial hearing on involuntary outpatient placement, 
the court may order the person admitted for involuntary inpatient examination if it appears to the 
court that the person meets the criteria for involuntary inpatient placement and not the criteria for 
involuntary outpatient services.
24
 
 
Involuntary Inpatient Placement 
A person may be placed in involuntary inpatient placement for treatment upon a finding of the 
court by clear and convincing evidence that: 
 He or she is mentally ill and because of his or her mental illness: 
o He or she has refused voluntary placement for treatment after sufficient and conscientious 
explanation and disclosure of the purpose of placement or is unable to determine for 
himself or herself whether placement is necessary; and 
o He or she is manifestly incapable of surviving alone or with the help of willing and 
responsible family or friends, including available alternative services; and 
o Without treatment, is likely to suffer from neglect or refuse to care for himself or herself; 
and  
o Such neglect or refusal poses a real and present threat of substantial harm to his or her 
well-being; or 
o There is a substantial likelihood that in the near future he or she will inflict serious bodily 
harm on himself or herself or another person, as evidenced by recent behavior causing, 
attempting, or threatening such harm; and 
 All available less restrictive treatment alternatives which would offer an opportunity for 
improvement of his or her condition have been judged to be inappropriate.
25
 
 
The administrator of the receiving or treatment facility that is retaining a patient for involuntary 
inpatient treatment must file a petition for involuntary inpatient placement in the court in the 
county where the patient is located.
26
 Upon filing, the clerk of the court must provide copies to 
the DCF, the patient, the patient’s guardian or representative, and the state attorney and public 
defender of the judicial circuit in which the patient is located.
27
   
 
The court proceedings for involuntary inpatient placement closely mirror those for involuntary 
outpatient services.
28
 However, unlike an order for involuntary outpatient services, the laws 
governing involuntary inpatient placement are silent regarding the court’s order becoming part of 
the patient’s clinical record. 
 
                                                
22
 Id. 
23
 Id. 
24
 Section 394.4655(7)(c), F.S. Additionally, if the person instead meets the criteria for involuntary assessment, protective 
custody, or involuntary admission pursuant to the Marchman Act, the court may order the person to be admitted for 
involuntary assessment pursuant to the statutory requirements of the Marchman Act.  
25
 Section 394.467(1), F.S.  
26
 Section 394.467(2) and (3), F.S. 
27
 Section 394.467(3), F.S. 
28
 See s. 394.467(6) and (7), F.S.  BILL: SB 1844   	Page 6 
 
The Marchman Act 
In the early 1970s, the federal government enacted laws creating formula grants for states to 
develop continuums of care for individuals and families affected by substance abuse.
29
 The laws 
resulted in separate funding streams and requirements for alcoholism and drug abuse. In response 
to the laws, the Florida Legislature enacted chs. 396 and 397, F.S., relating to alcohol and drug 
abuse, respectively.
30
 Each of these laws governed different aspects of addiction, and thus had 
different rules promulgated by the state to fully implement the respective pieces of legislation.
31
 
However, because persons with substance abuse issues often do not restrict their misuse to one 
substance or another, having two separate laws dealing with the prevention and treatment of 
addiction was cumbersome and did not adequately address Florida’s substance abuse problem.
32
 
In 1993, legislation was adopted to combine ch. 396 and 397, F.S., into a single law, the Hal S. 
Marchman Alcohol and Other Drug Services Act (Marchman Act).
33
 
 
The Marchman Act encourages individuals to seek services on a voluntary basis within the 
existing financial and space capacities of a service provider.
34
 However, denial of addiction is a 
prevalent symptom of SUD, creating a barrier to timely intervention and effective treatment.
35
 
As a result, treatment typically must stem from a third party providing the intervention needed 
for SUD treatment.
36
 
 
Involuntary Admissions 
The Marchman Act establishes a variety of methods under which substance abuse assessment, 
stabilization and treatment can be obtained on an involuntary basis. There are five involuntary 
admission procedures that can be broken down into two categories depending upon whether the 
court is involved.
37
 Three of the procedures do not involve the court, while two require direct 
petitions to the circuit court. The same criteria for involuntary admission apply regardless of the 
admission process used.
38
 
 
                                                
29
 The DCF, Baker Act and Marchman Act Project Team Report for Fiscal Year 2016-2017, p. 4-5. (on file with the Senate 
Children, Families, and Elder Affairs Committee). 
30
 Id. 
31
 Id. 
32
 Id. 
33
 Chapter 93-39, s. 2, L.O.F., which codified current ch. 397, F.S. 
34
 See s. 397.601(1) and (2), F.S. An individual who wishes to enter treatment may apply to a service provider for voluntary 
admission.  Within the financial and space capabilities of the service provider, the individual must be admitted to treatment 
when sufficient evidence exists that he or she is impaired by substance abuse and his or her medical and behavioral 
conditions are not beyond the safe management capabilities of the service provider. 
35
 Darran Duchene and Patrick Lane, Fundamentals of the Marchman Act, Risk RX, Vol. 6 No. 2 (Apr. – Jun. 2006) State 
University System of Florida Self-Insurance Programs, available at http://flbog.sip.ufl.edu/risk-rx-article/fundamentals-of-
the-marchman-act/ (last visited January 31, 2022)(hereinafter cited as “Fundamentals of the Marchman Act”). 
36
 Id. 
37
 Id. 
38
 Id.  BILL: SB 1844   	Page 7 
 
An individual meets the criteria for an involuntary admission under the Marchman Act when 
there is good faith reason to believe the individual is substance abuse impaired and, because of 
such impairment, has lost the power of self-control with respect to substance use, and either:
 
 
 Is in need of substance abuse services and, by reason of substance abuse impairment, his or 
her judgment has been so impaired that he or she is incapable of appreciating his or her need 
for such services and of making a rational decision in that regard;
39
 or 
 Without care or treatment: 
o The person is likely to suffer from neglect or refuse to care for himself or herself; 
o Such neglect or refusal poses a real and present threat of substantial harm to his or her 
well-being; and  
o It is not apparent that such harm may be avoided through the help of willing family 
members or friends or the provision of other services; or  
o There is substantial likelihood that the person: 
 Has inflicted, or threatened to or attempted to inflict physical harm on himself, 
herself, or another; or 
 Is likely to inflict, physical harm on himself, herself, or another unless he or she is 
admitted.
40
 
 
Non-Court Involved Involuntary Admissions 
The three types of non-court procedures for involuntary admission for substance abuse treatment 
under the Marchman Act include protective custody, emergency admission, and the alternative 
involuntary assessment for minors. 
 
Law enforcement officers use the protective custody procedure when an individual is substance-
impaired or intoxicated in public and such impairment is brought to the attention of the officer.
41
 
The purpose of this procedure is to allow the person to be taken to a safe environment for 
observation and assessment to determine the need for treatment. A law enforcement officer may 
take the individual to their residence, to a hospital, a detoxification center, or an addiction 
receiving facility, whichever the officer determines is most appropriate.
42
  
 
If the individual in these circumstances does not consent to protective custody, the officer may 
do so against the person’s will, without using unreasonable force. Additionally, the officer has 
the option of taking an individual to a jail or detention facility for his or her own protection. Such 
detention cannot be considered an arrest for any purpose and no record can be made to indicate 
that the person has been detained or charged with any crime.
43
 However, if the individual is a 
minor, the law enforcement officer must notify the nearest relative of a minor in protective 
custody without consent.
44
 
 
                                                
39
 Section 394.675(2)(a), F.S. However, mere refusal to receive services does not constitute evidence of lack of judgment 
with respect to the person’s need for such services. 
40
 Section 397.675(2)(b), F.S. 
41
 Section 397.677, F.S. The individual can be a minor or adult under this process. 
42
 Section 397.6771, F.S. Further, s. 397.6773, F.S., provides that a person may be held in protective custody for no more 
than 72 hours, unless a petition for involuntary assessment or treatment has been timely filed with the court within that 
timeframe to extend protective custody.  
43
 Section 397.6772(1), F.S. 
44
 Section 397.6772(2), F.S.   BILL: SB 1844   	Page 8 
 
The second process, emergency admission, authorizes an individual who appears to meet the 
criteria for involuntary admission to be admitted to a hospital, an addiction receiving facility, or 
a detoxification facility for emergency assessment and stabilization, or to a less intensive 
component of a licensed service provider for assessment only.
45
 Individuals admitted for 
involuntary assessment and stabilization under this provision must have a certificate from a 
specified health professional
46
 demonstrating the need for this type of placement and 
recommending the least restrictive type of service that is appropriate to the needs of the 
individual.
47
 
 
Lastly, the alternative involuntary assessment for minors provides a way for a parent, legal 
guardian, or legal custodian to have a minor admitted to an addiction receiving facility to assess 
the minor’s need for treatment by a qualified professional.
48
 
 
Court Involved Involuntary Admissions  
The two court involved Marchman Act procedures are involuntary assessment and stabilization, 
which provides for short-term court-ordered substance abuse services,
49
 and involuntary services, 
which provides for long-term court-ordered substance abuse services.
50
 Both are initiated 
through the filing of a petition.
51
 
 
Involuntary Assessment and Stabilization  
An individual’s spouse, legal guardian, any relative, a private practitioner, the director of a 
licensed service provider or the director’s designee, or any adult who has direct personal 
knowledge of the individual’s substance abuse impairment may file a petition for involuntary 
assessment and stabilization on behalf of the individual.
52
 If the individual is a minor, only a 
parent, legal guardian, legal custodian, or licensed service provider may file such a petition.
53
 
 
The petition for involuntary assessment and stabilization must contain:
 
 
 The name of the applicant or applicants (the individual(s) filing the petition with the court);  
 The name of the respondent (the individual whom the applicant is seeking to have 
involuntarily assessed and stabilized);  
 The relationship between the respondent and the applicant;  
 The name of the respondent’s attorney, if known; and  
                                                
45
 Section 397.679, F.S. 
46
 Section 397.6793(1), F.S., provides a list of professionals that include a physician, a clinical psychologist, a physician 
assistant working under the scope of practice of the supervising physician, a psychiatric nurse, an advanced practice 
registered nurse, a mental health counselor, a marriage and family therapist, a master’s-level-certified addictions professional 
for substance abuse services, or a clinical social worker 
47
 Section 397.6793, F.S. The certificate can be from a physician, advanced practice registered nurse, a psychiatric nurse, a 
clinical psychologist, a clinical social worker, a marriage and family therapist, a mental health counselor, or a physician 
assistant working under the scope of a practice of the supervising physician, or a master’s-level-certified addictions 
professional for substance abuse services. 
48
 Section 397.6798, F.S. 
49
 See ss. 397.6811 through 397.6822, F.S. 
50
 See ss. 397.693 through 397.6978, F.S. 
51
 Section 397.681, F.S. The court may not charge a filing fee for these petitions. 
52
 Section 397.6811(1), F.S. 
53
 Section 397.6811(2), F.S.  BILL: SB 1844   	Page 9 
 
 Facts to support the need for involuntary assessment and stabilization, including the reason 
for the applicant’s belief that: 
o The respondent is substance abuse impaired;  
o Because of such impairment, the respondent has lost the power of self-control with 
respect to substance abuse; and  
o The respondent: 
 Has inflicted or is likely to inflict physical harm on himself or herself or others unless 
admitted; or 
 Will refuse, or has refused voluntary care and based on his or her judgement being so 
impaired from the substance abuse, he or she is incapable of appreciating his or her 
need for care and of making a rational decision regarding the need for care.
 54
 
 
Once the petition is filed with the court, the court issues a summons to a respondent and must 
schedule a hearing to take place within ten days. Alternatively, the court can issue an ex parte 
order immediately.
55
 Under the ex parte order, the court may order a law enforcement officer or 
other designated agent of the court to take the respondent into custody and deliver him or her to 
the nearest appropriate licensed service provider.
56
 
 
A court must conduct the hearing in accordance with s. 397.6811(1), F.S., and hear all relevant 
testimony. If the court determines that a respondent meets the criteria for involuntary assessment 
and stabilization, it must immediately enter an order that authorizes the involuntary assessment 
and stabilization of the respondent or, in the alternative, enter an order dismissing the petition if a 
respondent does not meet the criteria.
57
  
 
If the court determines a respondent meets the criteria for involuntary assessment and 
stabilization, it may order him or her to be admitted for a period of five days
58
 to a hospital, 
licensed detoxification facility, or addictions receiving facility for involuntary assessment and 
stabilization.
59
 During that time, an assessment is completed on the individual.
60
 Under certain 
circumstances, this order may be extended to complete the assessment.
61
 
 
Based on the involuntary assessment at a hospital, detoxification facility, addictions receiving 
facility, or less restrictive component, the qualified professional must either: 
 Release the individual and, if appropriate, refer the individual to another treatment facility or 
service provider, or to community services; 
 Allow the individual to remain voluntarily at the licensed provider; or 
                                                
54
 Section 397.6814, F.S. Further, if the person has refused to submit to an assessment, that fact must be included in the 
petition. 
55
 Section 397.6815, F.S.  
56
 Section 397.6815(2), F.S. 
57
 Section 397.6818(1), F.S. This section also provides for the written findings that must be included in the order. 
58
 Section 397.6819, F.S.  
59
 Section 397.6811, F.S. The individual may also be ordered to a less restrictive component of a licensed service provider for 
assessment only upon entry of a court order or upon receipt by the licensed service provider of a petition. 
60
 Section 397.6819, F.S. The licensed service provider must assess the individual without unnecessary delay using a 
qualified professional. If an assessment is performed by a qualified professional who is not a physician, the assessment must 
be reviewed by a physician before the end of the assessment period. 
61
 See s. 397.6819, F.S., for exceptions.  BILL: SB 1844   	Page 10 
 
 Hold the individual if a petition for involuntary treatment has been initiated.
62
 
 
Involuntary Services 
A person may be court-ordered for involuntary treatment if he or she meets the eligibility criteria 
for involuntary admission and has been involved in one of the following Marchman Act 
processes within certain timeframes: 
 Protective custody or emergency admission within the previous ten days. 
 Assessment by a qualified professional within five days. 
 Involuntary assessment and stabilization or alternative involuntary admission pursuant to s. 
397.6822, F.S.,
63
 within the previous 12 days.
64
   
 
An individual’s spouse, legal guardian, any relative, or service provider, or any adult who has 
direct personal knowledge of the individual’s substance abuse impairment or prior course of 
assessment and treatment may file a petition for involuntary services on behalf of the 
individual.
65
 If the individual is a minor, only a parent, legal guardian, or service provider may 
file such a petition.
66
 
 
Similar to a petition for involuntary assessment and stabilization, a petition for involuntary 
services must contain the same identifying information for all parties and attorneys and facts to 
support the same eligibility criteria as described above.
67
 Upon filing of a petition, the court must 
schedule a hearing to be held within five days, and must provide a copy of the petition and notice 
of hearing to all parties and anyone else the court determines. The court also issues a summons to 
the person whose admission is sought.
68
 
 
In a hearing for involuntary services, the petitioner must prove by clear and convincing evidence 
that: 
 The individual is substance abuse impaired and has a history of lack of compliance with 
treatment for substance abuse; 
 Because of such impairment the person is unlikely to voluntarily participate in the 
recommended services or is unable to determine for himself or herself whether services are 
necessary; and  
 The respondent meets either of the following: 
o Without services the individual: 
 Is likely to suffer from neglect or refuse to care for himself or herself and such 
neglect or refusal poses a real and present threat of substantial harm to his or her well-
being; and  
                                                
62
 Section 397.6822, F.S. The timely filing of a petition for involuntary services authorizes the service provider to retain 
physical custody of the individual pending further order of the court. 
63
 Section 397.6822, F.S., refers to disposition of an individual after involuntary assessment, including release or referral to 
another treatment facility or service provider, or to community services; voluntary retention of the individual; or retention of 
an individual pending a petition for involuntary services. 
64
 Section 397.693, F.S. 
65
 Section 397.695(1), F.S. 
66
 Section 397.695(2), F.S. 
67
 Section 397.6951, F.S. 
68
 Section 397.6955(1) through (3), F.S.  BILL: SB 1844   	Page 11 
 
 That there is a substantial likelihood that without services the individual will cause 
serious bodily harm to himself, herself, or another in the near future, as evidenced by 
recent behavior; or 
o The individual’s refusal to voluntarily receive care is based on judgment so impaired by 
reason of substance abuse that the respondent is incapable of appreciating his or her need 
for care and of making a rational decision regarding that need for care.
69
  
 
At the hearing, the court must hear and review all relevant evidence, including the results of the 
involuntary assessment by a qualified professional, and either dismiss the petition or order the 
individual to receive involuntary choices from his or her chosen licensed service provider, if 
possible and appropriate. The respondent must be present unless the court finds that his or her 
presence is likely to be injurious to himself or herself or others. If such finding is made, a 
guardian advocate must be appointed to act on behalf of the respondent.
70
 
 
If the court finds that the conditions for involuntary services have been proven, it may order the 
respondent to receive involuntary services with a publicly funded licensed service provider for 
up to 90 days.
71
 Alternatively, if the individual or a person on the individual’s behalf is able and 
willing to pay for services, the court may also order the individual to receive services at a 
privately funded licensed service provider.
72
 If an individual continues to need involuntary 
services, the licensed service provider can petition the court for continuances for up to 90 days.
73
 
Unless an extension is requested, the individual is released after 90 days.
74
  
 
Transportation to a Facility  
Baker Act 
The Baker Act requires each county to designate a single law enforcement agency to transfer the 
person in need of services. A law enforcement officer is required to take a person into custody if 
the individual appears to meet the criteria for an involuntary examination under the Baker Act.
75
 
If the person is in custody based on noncriminal or minor criminal behavior, the law enforcement 
officer will transport the person to the nearest receiving facility. If, however, the person is 
arrested for a felony the person must first be processed in the same manner as any other criminal 
suspect. The law enforcement officer must then transport the person to the nearest facility, unless 
the facility is unable to provide adequate security.
76
 Law enforcement must then relinquish the 
person, along with corresponding documentation, to a responsible individual at the facility.
77
 
 
                                                
69
 Section 397.6957(2), F.S. 
70
 Sections 397.6957(1), F.S. 
71
 Section 397.697(1), F.S 
72
 Id. 
73
 The licensed service provider must file its petition at least 10 days before the 90-day period expires. A hearing must be 
held within 15 days. Section 397.6975, F.S.  
74
 Section 397.6977, F.S. 
75
 Section 394.463(2)(a)2., F.S. 
76
 Section 394.462(1)(f)-(g), F.S. 
77
 Section 394.462(3), F.S.  BILL: SB 1844   	Page 12 
 
Marchman Act 
The Marchman Act authorizes an applicant seeking to have a person admitted to a facility, the 
person’s spouse or guardian, a law enforcement officer, or a health officer to transport the 
individual for an emergency assessment and stabilization.
78
  
 
If a person in circumstances which justify protective custody
79
 fails or refuses to consent to 
assistance and a law enforcement officer has determined that a hospital or a licensed 
detoxification or addictions receiving facility is the most appropriate place for the person, the 
officer may, after giving due consideration to the expressed wishes of the person: 
 Take the person to a hospital or to a licensed detoxification or addictions receiving facility 
against the person’s will but without using unreasonable force; or 
 In the case of an adult, detain the person for his or her own protection in any municipal or 
county jail or other appropriate detention facility.
80
  
 
The officer must use a standard form developed by the DCF to execute a written report detailing 
the circumstances under which the person was taken into custody, and the written report shall be 
included in the patient’s clinical record. 
 
Individual Bill of Rights 
Both the Marchman Act and the Baker Act provide an individual bill of rights.
81
 Rights in 
common include the right to: 
 Dignity; 
 Quality of treatment; 
 Not be refused treatment at a state-funded facility due to an inability to pay; 
 Communicate with others; 
 Care and custody of personal effects; and  
 Petition the court on a writ of habeas corpus.
82
  
 
The individual bill of rights also imposes liability for damages on persons who violate individual 
rights.
83
 The Marchman Act ensures the right to habeas corpus, which means that a petition for 
release may be filed with the court by an individual involuntarily retained or his or her parent or 
representative.
84
 In addition to the petitioners authorized in the Marchman Act, the Baker Act 
permits the DCF to file a writ for habeas corpus on behalf of the individual.
85
 
 
                                                
78
 Section 397.6795, F.S. 
79
 Section 397.677, F.S., states that a law enforcement officer may implement protective custody measures when a minor or 
an adult who appears to meet the involuntary admission criteria in s. 397.675, F.S., is brought to the attention of law 
enforcement or in a public space.  
80
 Section 397.6772(1)(a)-(b), F.S. 
81
 Section 394.459, F.S., provides “Rights of Individuals” for individuals served through the Baker Act; section 397.501, F.S., 
provides “Rights of Individuals” for individuals served through the Marchman Act. 
82
 Id. 
83
 Sections 394.459(10) and 397.501(10)(a), F.S. 
84
 Section 397.501(9), F.S. 
85
 Section 394.459(8)(a), F.S.  BILL: SB 1844   	Page 13 
 
Right to Outside Communication and Visitation  
All patients held at a receiving facility have the explicit right to communicate freely and 
privately with others outside the facility unless it is determined that communication will likely 
harm the patient or others.
86
 Similar conditions apply to the right of patients to send, receive, and 
mail correspondence, and to access outside visitors.
87
 Facilities must review restrictions on a 
patient’s right to communicate, send or receive sealed, unopened correspondence, or receive 
visitors at least once every 7 days.
88
 
 
Remote Hearings 
In response to the COVID-19 pandemic, on May 21, 2020, the Chief Justice of the Florida 
Supreme Court issued Supreme Court of Florida Administrative Order AOSC20-23, Amendment 
2, authorizing courts to conduct hearings remotely.
89
 However, on January 8, 2022, Supreme 
Court of Florida Administrative Order AOSC21-17 was issued, requiring in-person hearings 
unless the facility where the individual is located is closed to hearing participants due to the 
facility’s COVID-19 protocols or the individual waives the right to physical presence at the 
hearing.
90
  
The Florida Bar’s Special Committee on Mental Health 
In 2017, the Florida Bar developed a special committee on mental health and substance use 
issues (Committee).
91
 One of the primary directives of the Committee was reviewing the state’s 
behavioral health laws and recommending changes as it saw fit.
92
 The Committee recommended 
a number of changes, including, in part: 
 Making the State Attorney the “real party in interest” in Marchman Act cases, having the 
Clerk of Court notify the State Attorney when cares are filed, and having access to all 
relevant persons and records in each case;
93
 
 Increasing and standardizing the length of time for courts to hold both Baker and Marchman 
Act hearings following the filing of a petition from five to days to ten days;
94
 
 Allowing witnesses to appear telephonically at both Baker and Marchman Act hearings 
absent good cause being shown to require their physical presence, and standardizing 
scenarios which allow the respondent to be excused from attending the hearing;
95
 
                                                
86
 Section 394.459(5)(a), F.S. 
87
 Section 394.459(5)(b)-(c), F.S. 
88
 Section 394.459(5)(c), F.S. 
89
 The Supreme Court of Florida, Administrative Order AOSC20-23, Amendment 2, May 21, 2020, available at 
https://www.floridasupremecourt.org/content/download/633282/file/AOSC20-23.pdf (last visited January 29, 2022). 
90
 The Supreme Court of Florida, Administrative Order AOSC20-23, Amendment 3, January 8, 2022, available at 
https://www.15thcircuit.com/sites/default/files/supreme-court-ao/AOSC21-17-Amendment-3.pdf (last visited January 29, 
2022). 
91
 The Florida Bar, The Florida Bar’s Special Committee on Mental Health 2018 Interim Report, April 25, 2018, p. 1, 
available at https://www-media.floridabar.org/uploads/2018/05/2018-Interim-Report-Special-Committee-on-Mental-
Health.pdf. (last visited January 29, 2022)(hereinafter cited as “The Florida Bar”). 
92
 Id. 
93
 Id. at p. 4. 
94
 Id. at p. 5. 
95
 Id. at p. 5-7  BILL: SB 1844   	Page 14 
 
 Standardizing the amount of time Baker Act patients can be held at both local and state-
owned treatment facilities to a six-month maximum in both instances;
96
 
 Requiring individuals who are initially subject to a Baker Act with traumatic brain injury or 
dementia to be referred to the Agency for Persons with Disabilities (the APD) or the 
Department of Elder Affairs (the DOEA);
97
 
 Granting the State Attorney the right to a seven-day working continuance in Baker Act cases 
if good cause is shown, and express access to all relevant records;
98
 
 Expressly defining “neglect or refusal to care for one’s self” and “real and present threat of 
substantial harm”;
99
 
 Standardizing the admission criteria, petition contents, and court’s treatment finding for 
Baker Act and Marchman Act cases;
100
 
 Granting the public defender and regional counsel access the right to access their respective 
clients that are hospitalized or in a treatment facility;
101
 
 Replacing the word ‘services’ with the word ‘treatment’ in both the Baker and Marchman 
Acts, as this is the term commonly used by litigants;
102
 and 
 Waiving the $80 service of process fee for litigants in Marchman Act proceedings.
103
 
 
The Committee originally crafted this series of legislative proposals for the 2019 Legislative 
Session.
104
 Several of the proposed recommendations were contained in SB 818 (2019)
105
 and 
SB 870 (2020).
106
 
 
Mental Health Data Reporting and Analysis 
The DCF collects and maintains copies of ex parte orders, involuntary outpatient services orders, 
involuntary inpatient placement orders, and professional certificates initiating Baker Act 
examinations.
107
 Such documents are considered part of a patient’s clinical record and are used 
to prepare annual reports analyzing the de-identified data contained therein.
108
 The DCF 
contracts with the Louis de la Parte Florida Mental Health Institute at the University of South 
Florida (the Institute) to perform the data analysis and prepare the reports.
109
 The Institute also 
analyzes other information relating to mental health and acts as a provider of crisis services to 
certain patients.
110
 The reports are provided to the DCF, the President of the Senate, the Speaker 
                                                
96
 The Florida Bar, p. 7. 
97
 Id. at p. 7-8. 
98
 Id. at p. 8. 
99
 Id. 
100
 Id. at p. 10. 
101
 The Florida Bar, p. 12. 
102
 Id. 
103
 Id. 
104
 Id at p. 1. 
105
 See SB 818 (2019 Reg. Session). 
106
 See SB 870 (2020 Reg. Session). 
107
 Section 394.463(2)(e), F.S. 
108
 Id. 
109
 The University of South Florida, Baker Act Reporting Center, About Us, available at https://www.usf.edu/cbcs/baker-
act/about/index.aspx (last visited January 29, 2022). 
110
 See The University of South Florida, Baker Act Reporting Center, What We Do, available at 
https://www.usf.edu/cbcs/baker-act/about/whatwedo.aspx; and The University of South Florida, Louis de la Parte Florida  BILL: SB 1844   	Page 15 
 
of the House of Representatives, and the minority leaders of the Senate and the House of 
Representatives.
111
 
 
The Institute does not currently collect any data related to Marchman Acts. 
III. Effect of Proposed Changes: 
Baker Act – Definitions, Criteria, Rights of Individuals 
The bill amends s. 394.459, F.S., requiring that a patient with a serious mental illness who has 
been released after being Baker Acted must be provided with information regarding the essential 
elements of recovery and provided with assistance in accessing a continuum of care regimen. 
The DCF is provided with rulemaking authority to determine what services may be available in 
such regimens. Current law requires the state to provide involuntary treatment at a state hospital, 
but does not require Baker Act patients to be provided with information about the essential 
elements of recovery or assistance in accessing a continuum of care regimen. 
 
The bill also reduces the number of days within which a receiving facility must review 
restrictions on a patient’s right to communicate or receive visitors from 7 days to every 3 days. If 
the review period ends on a weekend or holiday, the bill allows the facility to review the 
restriction no later than the next working day. 
 
The bill amends s. 394.461, F.S., authorizing civil patients to be admitted to designated receiving 
facilities under the Baker Act without undergoing a transfer evaluation. The bill also provides 
that, before the close of the state’s case in a Baker Act hearing for involuntary placement, the 
state may establish that a transfer evaluation was performed and that the document was properly 
executed by providing the court with a copy of the transfer evaluation. The bill also prohibits the 
court from considering the substantive information in the transfer evaluation unless the evaluator 
testifies at the hearing. 
 
The bill amends s. 394.462, F.S., updating cross references to changes made by the act. 
 
Baker Act – Involuntary Admissions, Involuntary Outpatient Services, Criminal Penalties 
Involuntary Examination 
The bill amends s. 394.463, F.S., providing that a person is subject to an involuntary examination 
if there is a substantial likelihood that in the near future, without care or treatment, the person 
will inflict serious harm to themselves or others in the near future, as evidenced by his or her 
recent behavior, actions, omissions, or behavior causing, attempting, or threatening such harm. 
This provision of the bill provides more specificity than current criteria, which only references 
certain harmful actions as evidenced by recent behavior. 
 
                                                
Mental Health Institute, About the Institute, available at https://www.usf.edu/cbcs/fmhi/about/ (all sites last visited January 
29, 2022).  
111
 Id.  BILL: SB 1844   	Page 16 
 
The bill authorizes, rather than requires as in current law, law enforcement to transport those 
who appear to meet Baker Act criteria to receiving facilities. Further, the bill requires law 
enforcement transporting Baker Act patients to do so in the least restrictive manner possible, 
especially if the patient is a minor. 
 
The bill adds the Governor to the list of individuals receiving copies of the annual Baker Act 
report generated from forms documenting the circumstances surrounding initiation of a Baker 
Act. The bill specified that the DCF must provide copies of these reports, although the DCF is 
already providing such reports to all parties listed in statute (the President of the Senate, the 
Speaker of the House of Representatives, and the minority leaders of both chambers). 
 
The bill permits psychiatric APRNs to conduct discharge exams of Baker Act patients at any 
receiving facility when working under the established protocols of a psychiatrist. Current law 
only permits psychiatric nurses to do so when working at a hospital or health system. 
 
The bill specifies that Baker Act examination periods begin when a patient arrives at a receiving 
facility, and it requires receiving facilities to inform the DCF of any person who has been Baker 
Acted three or more times within a 12-month period. The bill clarifies that petitions for 
involuntary services must be filed in circuit court, and removes the qualification that this is only 
the case when inpatient treatment is deemed necessary.  
 
Involuntary Inpatient Placement 
The bill amends s. 394.467, F.S., mirroring the changes made to involuntary examination criteria 
in involuntary inpatient placement criteria. Specifically, the bill adds that if a person has a mental 
illness and is incapable of surviving alone or with the help of willing, able, and responsible 
family or friends, and without treatment is likely to suffer neglect or refuses to care for one’s self 
such that is poses a real and present threat of substantial harm, they may be eligible for 
involuntary inpatient services. Current law only specifies that family or friends must be willing 
and responsible. The bill also adds that if there is a substantial likelihood that in the near future 
and without services an individual will inflict serious harm to self or others, as evidenced by 
recent acts, omissions, or behavior related to such harm, the patient may be eligible for 
involuntary inpatient services. Current law does not include acts or omission, and does not 
include the phrase ‘without services.’ 
 
The bill provides that with respect to a hearing on involuntary inpatient placement, both the 
patient and the state are independently entitled to at least one continuance of the hearing. The 
patient’s continuance may be for a period of up to 4 weeks and requires concurrence of the 
patient’s counsel. The state’s continuance may be for a period of up to 5 court working days and 
requires a showing of good cause and due diligence by the state before it can be requested. The 
state’s failure to timely review any readily available document or failure to attempt to contact a 
known witness does not merit a continuance.  
 
The bill allows for all witnesses to a hearing to appear through audio-video teleconference, 
absent a showing of good cause. The bill requires any witness appearing telephonically to 
provide all parties with all relevant documents by the close of business the day prior to the 
hearing. The bill requires the court to allow testimony deemed relevant by the court under state  BILL: SB 1844   	Page 17 
 
law from individuals, including family members, regarding the person’s prior history and how 
that history relates to the person’s current condition.  
 
The bill allows the court to appoint a magistrate to preside at the hearing on the petition or any 
ancillary matters, including but not limited to, writs of habeas corpus issued under the Baker Act, 
rather than just over the proceedings as is authorized in current law. 
 
Additionally, the bill mandates that the court allow testimony which it deems relevant from 
individuals, including family members, regarding the person’s history and how that history 
related to the current condition of the individual. 
 
The bill also requires the facility to make available to the state attorney to access the patient, any 
witnesses, and any clinical records needed to prepare its case within 24 hours of the involuntary 
placement petition being filed. Such records must remain confidential and may not be used for 
criminal investigation or prosecution purposes, or any purpose other than those related to the 
patient’s civil commitment. 
 
If the court finds that a patient meets the criteria for involuntary inpatient placement and the 
court seeks to order the patient to be transferred to a treatment facility or retained in the patient’s 
current or another treatment facility, the bill requires the facility holding the patient to discharge 
the patient at any time he or she no longer meets the involuntary inpatient treatment criteria 
unless the patient has transferred to voluntary status. 
 
The bill prohibits the court from ordering an individual with a developmental disability as 
defined under s. 393.063, F.S., who lacks a co-occurring mental illness, into a state treatment 
facility. Such individuals must be referred to the APD or the DOEA for further evaluation and 
the provision of appropriate services for their individual needs. This expands current law which 
prohibits such orders and requires similar referrals for persons with traumatic brain injury or 
dementia. 
 
The bill also amends s. 394.467(6)(c) and 394.467(7), F.S., changing the maximum amount of 
time an individual may be held under the Baker Act at a receiving facility or a state-operated 
treatment facility
112
 from 90 days to six months. The change to s. 394.467(7), F.S., is technical in 
nature, as involuntary admission at a treatment facility is currently capped at six months. 
 
Marchman Act – Definitions, Criteria, and Transportation 
The bill amends s. 397.305, F.S., revising legislative intent related to the Marchman Act to 
include that patients be placed in the most appropriate and least restrictive environment 
conducive to long-term recovery while protecting individual rights. 
 
The bill amends s. 397.311, F.S., relating to definitions under the Marchman Act, defining 
“impaired” or “substance abuse impaired” to mean having a substance use disorder or a 
                                                
112
 “Treatment facility” is defined in s. 394.455(48), F.S., to mean “a state-owned, state-operated, or state-supported hospital, 
center, or clinic designated by the department for extended treatment and hospitalization, beyond that provided for by a 
receiving facility, of persons who have a mental illness, including facilities of the United States Government, and any private 
facility designated by the department.”  BILL: SB 1844   	Page 18 
 
condition involving the use of alcoholic beverages, illicit or prescription drugs, or any 
psychoactive or mood-altering substance in such a manner as to induce mental, emotional, or 
physical problems or cause socially dysfunctional behavior. The bill also changes the term being 
defined in s. 397.311(23), F.S. from “involuntary services” to “involuntary treatment services.” 
 
The bill creates s. 397.341, making the same changes to restriction requirements for law 
enforcement officers when a law enforcement officer is transferring an individual under the 
Marchman Act as those made by the bill under the Baker Act in s. 394.463, F.S. 
 
The bill amends s. 397.501, F.S., requiring that a patient with a serious substance abuse addiction 
be provided with information on the elements of a coordinated system of care upon release from 
an addiction receiving facility. The DCF is provided with rulemaking authority to determine 
what services may be provided to patients. 
 
The bill amends s. 397.675, F.S., adding and clarifying criteria for involuntary admission under 
the Marchman Act. The criteria is amended in the following manner: 
 Expanding the application of the criteria to a person who has a history of noncompliance 
with treatment, in addition to person who have lost the power of self-control with respect to 
substance use; 
 Requiring that the person is refusing voluntary care after a sufficient and conscientious 
explanation and disclosure of the purpose for treatment, rather than be so impaired in 
judgment that he or she is incapable of appreciating the need for services; 
 Clarifying the provision related to the lack of family or friends to care for the person to 
indicate that the willing family or friend must also be able and responsible; 
 Providing that the substantial harm to the person must be in the near future if services are not 
provided and that the person will inflict serious harm to self or others, as evidenced by recent 
acts, omissions, or behavior causing, attempting, or threatening such harm. 
 
The bill amends s. 397.6751, F.S., relating to service provider responsibilities regarding 
involuntary admissions, requiring that all patients admitted under the Marchman Act be placed in 
the most appropriate and least restrictive environment conducive to the patient’s treatment needs. 
 
Marchman Act – Court-Related Provisions 
The bill amends s. 397.681, F.S., revising language to specify that courts have jurisdiction of 
involuntary treatment petitions, rather than involuntary assessment and stabilization petitions. 
The bill also specifies that petitions may be filed with the clerk of court in the county where the 
subject of the petition resides, in addition to where he or she is located as in current law. The bill 
allows the chief judge in Marchman Act cases to appoint a general or special magistrate to 
preside over all, or part, of the proceedings related to the petition or any ancillary matters, 
including but not limited to, writs of habeas corpus issued under the Marchman Act, rather than 
just over the proceedings as is authorized in current law.  
 
The bill provides that subject to appropriation, the state attorney must represent Florida, rather 
than the petitioner, as the real party of interest in all Marchman Act proceedings where the 
respondent has not obtained private counsel. The bill prohibits the state attorney from using  BILL: SB 1844   	Page 19 
 
records obtained pursuant to Marchman Act cases for any purpose other than those relating to the 
respondent’s civil commitment under the Act and requires the records to remain confidential. 
 
The bill amends s. 397.693, F.S., relating to involuntary treatment, amending the criteria for 
when a person may be the subject of court-ordered involuntary treatment petition under the 
Marchman Act to if the person: 
 Reasonably appears to meet, rather than meets, the criteria enumerated in s. 397.675, F.S.; 
 Has been placed under protective custody pursuant to s. 397.677, F.S., within the previous 10 
days; 
 Has been subject to an emergency admission under section 397.679, F.S., within the previous 
10 days; or 
 Has been assessed by a qualified professional within the past 30 days, rather than the 
previous five days.  
 
The bill amends s. 397.695, F.S., relating to involuntary treatment, changing instances of 
‘treatment’ to ‘treatment services’ throughout the section and allowing the court to waive or 
prohibit service of process fees for respondents deemed indigent under s. 57.082, F.S.
113
 
 
The bill amends 397.6951, F.S., relating to the required contents for a petition for involuntary 
treatment, changing instances of ‘treatment’ to ‘treatment services’ throughout the section and 
removing the requirement that a petition for involuntary treatment contain findings and 
recommendations of an assessment by a qualified professional.  
 
The bill modifies the criteria for a petition for involuntary treatment under the Marchman Act in 
the substantively similar manner as the bill modifies the criteria for involuntary admission under 
the Baker Act as discussed above. The bill also provides that a petition may be accompanied by a 
certificate or report of a qualified professional or licensed physician who has examined the 
respondent within the 30 days preceding the filing of the petition. The certificate must contain 
the professional’s findings and if the respondent refuses to submit to an examination must 
document the refusal. The bill provides that in the event of an emergency requiring an expedited 
hearing, the petition must contain documented reasons for expediting the hearing. 
 
The bill amends s. 397.6955, F.S., requiring the clerk of court to notify the state attorney upon 
the filing of a petition for involuntary treatment services under the Marchman Act if the petition 
does not indicate that the petitioner has retained private counsel; or, in the alternative, notify the 
respondent’s counsel if any has been retained. The bill also amends the time period in which the 
court is required to schedule a hearing on the petition to within ten court working days, rather 
than five, unless a continuance is granted.  
 
In the case of an emergency, or when upon review of the petition the court determines that an 
emergency exists, the court may rely exclusively upon the contents of the petition and, without 
an attorney being appointed, enter an ex parte order for the respondent’s involuntary assessment 
and stabilization which must be executed during the period when the hearing on the petition for 
treatment is pending. The court may further order a law enforcement officer or other designated 
agent of the court to: 
                                                
113
 Section 57.082, F.S., provides processes and criteria for the determination of civil indigent status.  BILL: SB 1844   	Page 20 
 
 Take the respondent into custody and deliver him or her to either the nearest appropriate 
licensed service provider or a licensed service provider designated by the court to be 
evaluated; and 
 Serve the respondent with the notice of hearing and a copy of the petition. 
 
In such instances, the bill requires a service provider to promptly inform the court and parties of 
the respondent’s arrival and refrain from holding the respondent for longer than 72 hours of 
observation thereafter, unless: 
 The service provider seeks additional time under s. 397.6957(1)(c), F.S., and the court, after 
a hearing, grants that motion; 
 The respondent shows signs of withdrawal, or a need to be either detoxified or treated for a 
medical condition, which will serve to extend the amount of time the respondent may be held 
for observation until the issue is resolved; or 
 The original or extended observation period ends on a weekend or holiday, in which case the 
provider may hold the respondent until the next court working day. 
 
Under the bill, if the ex parte order was not executed by the initial hearing date, it is deemed 
void. If the respondent does not appear at the hearing for any reason, including lack of service, 
and upon reviewing the petition, testimony, and evidence presented, the court reasonably 
believes the respondent meets the Marchman Act commitment criteria and that a substance abuse 
emergency exists, the bill allows the court to issue or reissue an ex parte assessment and 
stabilization order that is valid for 90 days. If the respondent’s location is known at the time of 
the hearing, the court: 
 Must continue the case for no more than ten court working days; and 
 May order a law enforcement officer or other designated agent of the court to: 
o Take the respondent into custody and deliver him or her to be evaluated either by the 
nearest appropriate licensed service provider or by a licensed service provider designated 
by the court; and 
o If a hearing date is set, serve the respondent with notice of the rescheduled hearing and a 
copy of the involuntary treatment petition if the respondent has not already been served. 
 
The bill requires the petitioner and the service provider to promptly inform the court that the 
respondent has been assessed so that the court can schedule a hearing as soon as is reasonable. 
The bill requires the service provider to serve the respondent, before his or her discharge, with 
the notice of hearing and a copy of the petition. If the respondent has not been assessed within 90 
days of the ex parte assessment and stabilization order, the bill requires the court to dismiss the 
case. 
 
The bill amends s. 397.6957, F.S., requiring a respondent to be present during a hearing on an 
involuntary treatment services petition unless the respondent has knowingly, intelligently, and 
voluntarily waived their right to appear, or upon proof of service, the court finds that the 
respondent’s presence is inconsistent with their best interests or will likely be harmful to them.  
 
The bill authorizes the court to consider testimony from family members familiar with the 
respondent’s history and how it relates to their current condition. The bill also permits the court 
to utilize drug testing for respondents in Marchman Act cases. The bill allows witnesses, such as  BILL: SB 1844   	Page 21 
 
medical professionals or personnel involved in treatment of the respondent, to testify remotely 
via audio-video conference, and allows any witnesses intending to remotely to attend and testify 
at the hearing as long as they provide the parties with all relevant documents by close of business 
on the day before the hearing. Current law requires the respondent to be present at such hearings 
unless the court finds appearance to be harmful, in which case the court must appoint a guardian 
advocate to appear on the respondent’s behalf. 
 
The bill prohibits a respondent from being involuntarily ordered into treatment if a clinical 
assessment is not performed, unless the respondent is present in court and expressly waives the 
assessment. Outside of emergency situations, if the respondent is not, or previously refused to be, 
assessed by a qualified professional and, based on the petition, testimony, and evidence 
presented, it appears that the respondent qualifies for involuntary treatment services, the bill 
requires the court to issue an involuntary assessment and stabilization order to determine the 
correct level of treatment for the respondent. In Marchman Act cases where an assessment was 
attached to the petition, the bill allows the respondent to request, or the court on its own motion 
to order, an independent assessment by a court-appointed physician or another physician agreed 
to by the court and the parties.  
 
An assessment order issued in accordance with the bill is valid for 90 days, and if the respondent 
is present or there is either proof of service or the respondent’s whereabouts are known, the bill 
provides that the involuntary treatment hearing may be continued for no more than 10 court 
working days. Otherwise, the petitioner and the service provider are required to promptly inform 
the court that the respondent has been assessed in order for the court to schedule a hearing as 
soon as practicable. The bill mandates that the service provider serve the respondent, before his 
or her discharge, with the notice of hearing and a copy of the petition. The bill requires the 
assessment to occur before the new hearing date. However, if there is evidence indicating that 
the respondent will not voluntarily appear at the hearing, or is a danger to self or others, the bill 
permits the court to enter a preliminary order committing the respondent to an appropriate 
treatment facility for further evaluation until the new hearing date. As stated above, the bill 
requires the court to dismiss the case if the respondent still has not been assessed after 90 days.  
 
Assessments conducted by a qualified professional under the bill must occur within 72 hours 
after the respondent arrives at a licensed service provider unless the respondent displays signs of 
withdrawal or a need to be either detoxified or treated for a medical condition. In such cases, the 
amount of time the respondent may be held for observation is extended until that issue is 
resolved. If the assessment is conducted by someone other than a licensed physician, the bill 
requires review by a licensed physician within the 72-hour period.  
 
If the respondent is a minor, the bill requires the assessment to begin within the first 12 hours 
after the respondent is admitted and the service provider may request to extend the 72 hours of 
observation by petitioning the court in writing for additional time; however the service provider 
is required to provide copies of the motion to all parties in accordance with applicable 
confidentiality requirements. The bill permits the court to grant additional time or expedite the 
respondent’s involuntary treatment hearing is determined to be appropriate after a hearing. The 
involuntary treatment hearing can only be expedited by agreement of the parties on the hearing 
date or if there is notice and proof of service. If the court grants the service provider’s petition, 
the service provider is permitted to hold the respondent until its extended assessment period  BILL: SB 1844   	Page 22 
 
expires or until the expedited hearing date. In cases where the original or extended observation 
period ends on a weekend or holiday, the provider is only permitted to hold the respondent until 
the next court working day. 
 
The bill requires the qualified professional, in accordance with applicable confidentiality 
requirements, to provide copies of their completed report to the court and all relevant parties and 
counsel. The report is required to contain a recommendation on the level, if any, of substance 
abuse and any co-occurring mental health treatment the respondent may need. The qualified 
professional’s failure to include a treatment recommendation results in the petition’s dismissal. 
 
The bill grants the court the authority to order a law enforcement officer or other designated 
agent of the court to take the respondent into custody and transport them to or from the treating 
or assessing service provider and the court for their hearing. 
 
The bill provides that the court may initiate involuntary examination proceedings at any point 
during the hearing if it has reason to believe that the respondent, due to mental illness other than 
or in addition to substance abuse impairment, is likely to neglect or injure himself, herself, or 
another if not committed,, or otherwise meets the involuntary commitment provisions covered 
under the Baker Act. The bill requires any treatment order to include findings regarding the 
respondent’s need for treatment and the appropriateness of other less restrictive alternatives. 
 
The bill amends s, 397.697, F.S., relating to court determinations and the effect of a court order 
for involuntary services, providing that in order to qualify for involuntary outpatient treatment an 
individual must be accompanied by a willing, able, and responsible advocate, or a social worker 
or case manager of a licensed service provider, who will inform the court if the individual fails to 
comply with their outpatient program. The bill also requires that if outpatient treatment is offered 
in lieu of inpatient treatment, it must be available in the county where the respondent resides and 
it may be offered for up to six months if it is established that the respondent meets involuntary 
placement criteria and has been involuntarily ordered into inpatient treatment at least twice 
during the past 36 months, the outpatient provider is in the same county as the respondent, and 
the respondent’s treating physician certifies that the respondent can be more appropriately treated 
on an outpatient basis and can follow a treatment plan.  
 
The bill requires the court to retain jurisdiction in all cases resulting in involuntary inpatient 
treatment so that it may monitor compliance with treatment, change treatment modalities, or 
initiate contempt of court proceedings as needed. The bill also permits hearings to be set with the 
court to address the ancillary matters for which the bill extends jurisdiction, provided the 
proceedings are served in accordance with court procedural rules. The bill clarifies that while 
subject to the court’s oversight, a service provider’s authority is separate and distinct from the 
court’s continuing jurisdiction. 
 
The bill also requires the DCF to receive and maintain copies of involuntary assessment and 
treatment orders issued pursuant to ss. 397.6955 and 397.6957, F.S., relating to professional 
certificates, and law enforcement officers’ protective custody reports, respectively. The DCF is 
required to utilize de-identified data from these orders and reports to develop annual reports on 
the Marchman Act in a manner similar to what the DCF currently does for Baker Act data. 
Similar to the annual Baker Act reports, the bill requires these reports to be submitted annually to  BILL: SB 1844   	Page 23 
 
the Governor, President of the Senate, the Speaker of the House of Representatives, and minority 
leaders of both parties in both chambers of the Legislature. 
 
The bill amends s. 397.6975, F.S., related to extension of involuntary services periods, providing 
that a service provider may petition the court for an extension of an involuntary treatment period 
at any point before the expiration of the current treatment period if the individual in treatment 
appears to need additional care, removing the current requirement that the petition be filed at 
least 10 days before the expiration of the current court-ordered treatment period. The bill 
requires the court to immediately schedule a hearing to be held not more than 10 court working 
days after the filing of the petition to extend. The bill allows the court to order additional 
treatment if the original time period will expire before the hearing is concluded and it appears 
likely to the court that additional treatment will be required.  
 
The bill deletes remaining provisions in s. 397.6975, F.S., found in current subsection (3)-(7). 
Section 397.6975, F.S., which currently provide for the following:  
 Section 397.6975(3), F.S., provides that within one court working day after the filing of a 
petition for continued involuntary services, the court is required to appoint the office of 
criminal conflict and civil regional counsel to represent the respondent, unless the respondent 
is otherwise represented by counsel.  
 Section 397.6975(4), F.S., requires hearings on petitions for continued involuntary services 
to be held before circuit court, and allowing the court to appoint a magistrate to preside over 
the hearing. This subsection requires the court to adhere to procedures for obtaining an order 
pursuant to section 397.697, F.S.  
 Section 397.6975(5), F.S., provides that notice of a hearing must be provided to the 
respondent or his or her counsel, and that the respondent and the respondent’s counsel may 
agree to a period of continued involuntary services without a court hearing.  
 Section 397.6975(6), F.S., provides that the same procedure is to be repeated before the 
expiration of each additional period of involuntary services.  
 Section 397.6975(7), F.S., requires the court to consider testimony and evidence regarding 
the respondent’s competence in instances where the respondent has previously been found 
incompetent to consent to treatment. 
 
The bill repeals the following provisions relating to court-ordered, involuntary assessments and 
stabilization under the Marchman Act:  
 Section 397.6811, F.S., relating to involuntary assessment and stabilization; 
 Section 397.6814, F.S., relating to the contents of a petition filed in a hearing on involuntary 
assessment and stabilization; 
 Section 397.6815, F.S., relating to court procedures for hearings on involuntary assessments 
and stabilization; 
 Section 397.6818, F.S., relating to court determinations in a hearing on involuntary 
assessments and stabilization; 
 Section 397.6819, F.S., relating to the responsibility of licensed service providers pertaining 
to involuntary assessments and stabilization; 
 Section 397.6821, F.S., relating to extensions of time for completion of involuntary 
assessments and stabilization; and 
 Section 397.6822, F.S., relating to dispositions of individuals after involuntary assessments.  BILL: SB 1844   	Page 24 
 
 
The bill combines these processes into a consolidated involuntary treatment process under 
sections 397.6951-397.6975, F.S. Currently, if a person is assessed and stabilized through a non-
court-ordered admission, a petition for involuntary services would be filed and the court would 
schedule a hearing within five days. Under the bill, a petition for involuntary treatment would be 
filed and the court would have to hold a hearing within ten court working days.  
 
Baker Act – Cross-References and Technical Changes 
The bill amends ss. 394.495 and 394.496, F.S., explicitly updating professionals involved in the 
Baker Act from a list of cross referenced statutes to a list of professional titles, including:  
 Clinical psychologist;  
 Clinical social worker;  
 Physician;  
 Psychiatric nurse;  
 Psychiatrist; or  
 Person working under the direct supervision of one of these health care professionals. 
  
The bill amends s. 394.499, F.S., relating to integrated children’s CSU or juvenile addiction 
receiving facility services, revising “guardian” to “parent or legal” guardian, to state: a person 
under 18 years of age for whom voluntary application is made by his or her parent or legal 
guardian. Also, the bill adds a statutory reference to the voluntary admissions section presently in 
statute (s. 394.4625, F.S.). 
 
Marchman Act - Cross-References and Technical Changes 
The bill makes the following technical changes related to current Marchman Act provisions: 
 Amends s. 397.6971, related to early release from involuntary services, to change all 
instances of the word ‘services’ to ‘treatment services.’ 
 Amends s. 397.6977, F.S., relating to disposition of individual completion of involuntary 
treatment services, to change all instances of the word ‘services’ to ‘treatment services.’ 
 Repeals s. 397.6978, F.S., relating to guardian advocates; patients incompetent to consent; 
and substance abuse disorder. 
 
The bill provides an effective date of July 1, 2022. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
The bill does not appear to require cities and counties to expend funds or limit their 
authority to raise revenue or receive state-shared revenues as specified by Article VII, 
Section 18 of the Florida Constitution. 
B. Public Records/Open Meetings Issues: 
None.  BILL: SB 1844   	Page 25 
 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None identified. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None. 
B. Private Sector Impact: 
Receiving and treatment facilities may see an increase in demand for their services based 
on the expansion of criteria in the bill. There is also an anticipated workload for providers 
associated with the collection and submission of the forms to the DCF by all facilities 
licensed to receive individuals under involuntary assessment and treatment, including 
hospitals and jails.
114
 The extent of these impacts are indeterminate. 
C. Government Sector Impact: 
The DCF anticipates a negative fiscal impact from collecting and analyzing data related 
to involuntary assessment and treatment orders under the Marchman Act.
115
 The initial 
estimated cost for this requirement is approximately $425,000.
116
 
VI. Technical Deficiencies: 
None. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends sections 394.455, 394.459, 394.461, 394.462, 394.463, 394.4655, 
394.467, 394.495, 394.496, 394.499, 397.305, 397.311, 397.501, 397.675, 397.6751, 397.681, 
                                                
114
 The DCF, Agency Analysis for HB 1143, p. 11, January 5, 2022 (on file with the Senate Committee on Children, Families, 
and Elder Affairs). 
115
 Id. 
116
 Id.  BILL: SB 1844   	Page 26 
 
397.693, 397.695, 397.6951, 397.6955, 397.6957, 397.697, 397.6971, 397.6975, and 397.6977 
of the Florida Statutes.  
 
This bill creates section 397.341 of the Florida Statutes.  
 
This bill repeals sections 397.6811, 397.6814, 397.6815, 397.6818, 397.6819, 397.6821, 
397.6822, and 397.6978 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
None. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.