Florida’s Baker Act was used for influencer Perez Hilton after it was reported he livestreamed himself self-harming. But what exactly is the Baker Act and when is it enforced?
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What is the Baker Act?
The Florida Mental Health Act, more commonly known as the Baker Act, was enacted in 1971 and provides mental health crisis services for people experiencing a mental illness.
A person can be taken for an involuntary mental health evaluation and can be held for up to 72 hours.
The Florida Department of Children and Families uses the analogy of taking someone to the emergency room when they are experiencing a medical emergency.
The number one reason people enact the law is due to harm, specifically self-harm. In 2024-25 there were 103,000 cases when the Baker Act was implemented due to self-harm.
Law enforcement, physicians, judges through a court order, and other medical professionals are the ones who can initiate the law.
It is important to note that the Baker Act is not a criminal charge and doesn’t mean the person has been charged with a crime.
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When is the Baker Act enforced?
According to the DCF, there is a certain criteria individuals need to meet in order to have the law enacted.
The first prong is that the person has a mental health illness and has refused or are unable to determine that a medical exam is necessary.
Another criterion is that the person is unlikely to take care of themselves which could result in them harming themselves. The DCF also notes that the person enacting Baker thinks that the harm cannot be avoided despite family and loved ones’ intervention.
Finally, this person could be a serious threat to themselves or others.
Baker Act by the numbers
Hilton was at home when law enforcement showed up and enacted the law. According to the Baker Act dashboard provided by DCF, about 143,000 involuntary examinations occurred at home in 2024-25, the most common location.
Miami-Dade County has the most involuntary examinations compared to any other Florida county. In 2024-25 about 20,000 involuntary examinations occurred in Miami-Dade.
Broward County followed second with 12,000 cases.
Jackson Behavioral Health Hospital in Miami was number one in receiving the most involuntary examinations in 2025.
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