Policy Text
KISSIMMEE POLICE DEPARTMENT
General Order 415
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415.01 Baker Act Criteria 415.0 7 Court Ordered Admissions
415.02 Marchman Act Criteria 415.0 8 Subjects Charged with Crimes
415.03 Transport 415.0 9 Confidentiality
415.04 Seizure of Firearms, Ammunition, and Contraband 415.10 Notification of a Minor’s Relative
415.05 Reports and Documentation 415.11 Officer Immunity
410.06 Medical Treatment 415.12 Return of Seized Firearms and
Ammunition
Policy: Chapter 394, otherwise known as The Florida Mental Health Act or Baker Act,
provides guidelines for the appropriate procedure when providing care for those
individuals who have a mental illness which i s defined as “ an impairment of the mental o r
emotional process that exercise conscious control of one’s actions or of the ability to
perceive reality or understand reality , which impairment interferes with a person ’s ability
to meet ordinary demands of liv ing.” Fla. Stat. § 394.455 (28). Chapter 397, otherwise
known as The Hal S. Marchman Alcohol and Other Drug Services Act provides guidelines
for the appropriate procedure when providing care for those individuals who “ is substance
abuse impaired or has a co -occurring mental health disorder and, because of such
impairment or disorder has lost the power of self -control with respect to substance abuse.”
Fla. Stat. § 397.675. The Kissimmee Police Department understands its duties to
individuals so affected, and to the community at large to seek to provide a safe environment
that respects individual dignity and human rights. With this in mind, it is the policy of this
Department to establish procedures that, in the case of involuntary placement for mental
health or substance abuse evaluation, shall b e the least restrictive and the most humane
means of intervention.
415.01 Baker Act Criteria: A person may be taken to a receiving facility for involuntary
examination if there is reason t o believe that the person has a mental illness and because of his or
her mental illness:
a. The individual has refused voluntary examination after conscientious explanation and
disclosure of t he purpose of the examination; or the individual is unable to determine for
himself or herself whether examination is necessary; and
b. Without care or treatment, said individual 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
Title: Baker Act /Marchman Act Procedures
Effective Date: July 1, 2015 Revised Date: July 16, 2020
Review Authority: Special Operations Division
Captain Scope: All Employees
KISSIMMEE POLICE DEPARTMENT
General Order 415
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through the help of willing family members or friends or the p rovision of other services;
or there is a su bstantial likelihood that without care or treatment the individual will cause
serious bodily harm to themself or others in the near future, as evidenced by recent
behavior. Florida Statute § 394.463 .
415.02 Marchman Act Criteria: An individual meets the criteria for involuntary admission if
there is good faith reason to believe he/she is substance abuse impaired or has a co -occurring
mental health disorde r, and because of such impairment or disorder:
a. Has lost the power of self -control with respect to substance abuse; and,
b. Is in need of substance abuse services and, by reason of substance abuse impairment,
their judgment has been so impaired that the individual is incapable of appreciating their
need for such services and of making a rational decision in that regard. However, mere
refusal to receiv e such services does not constitute evidence of lack of judgment with
respect to their need for such services; or
c. Without care or treatment, is likely to suffer from neglect or refuse to care for himself or
herself; that such neglect or refusal poses a rea l and present threat of substantial harm to
his or her well -being; and that 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 there
is substantial likelihood that t he person has inflicted, or threatened to or attempted to
inflict, or, unless admitted, is likely to inflict, physical harm on himself, herself, or
another. Florida Statute § 397.675
A law enforcement officer may implement protective custody measures as specified in this part
when a minor or an adult who appears to meet the involuntary admission crite ria in Flor ida
Statute § 397.675 is:
a. Brought to the attention of law enforcement; and/or
b. In a public place. Florida Statut e §397.677
A subject in circumstances which justify protective custody, as described by Florida Statute, may
consent to be assisted by a law enforcement officer to their home; a hospital, or to a licensed
detoxification or addictions receiving facility . Florida Statute § 397.6771
415.0 3 Transport : The Kissimmee Police Department shall transport patients in need of services
directly to Park Place Behavioral Center for services, except in the following circumstances:
a. The receiving facility has notified K