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

The Baker Act, also known as the Comprehensive Mental Health Services Act for Florida, covers petitions for involuntary evaluation and placement of mentally ill individuals, according to the Clerk of the Circuit Court and Comptroller of Palm Beach County. The Marchman Act, often known as the Alcohol and Other Drug Services Act, handles petitions for involuntary evaluation and stabilization of a drug misuse impaired person, as well as treatment applications.

The conditions for an involuntary examination in Palm Beach County require the petitioner to show the court that there are grounds to suspect the individual has a mental disease and that, as a result of the mental illness:

• The person refuses a voluntary examination, OR 

• The person is unable to determine for themselves if an examination is necessary, AND 

• Without care, the person is likely to experience from carelessness or refuse care for themselves, and that neglect poses a real and persistent danger of substantial harm to their well-being that cannot be avoided with the help of family or friends, OR 

• There is a substantial likelihood that the person will cause serious bodily harm to another person, OR

"An impairment of the mental or emotional processes that exert conscious control of one's actions, or of the capacity to perceive or comprehend reality, such impairment severely interferes with the person's ability to satisfy the usual demands of life," according to Baker Act.

The clerk further adds that mental illness is not the same as developmental problems like mental retardation or dementia, and it is not the same as antisocial conduct or drug misuse.

An involuntary examination can be initiated in three ways under the Baker Act: by a physician, clinical psychologist, psychiatrist, mental health counselor, MFT, or clinical social worker; by a Law Enforcement Officer; or by a friend or family member filing a "Petition and Affidavit seeking Ex Parte order requiring involuntary examination."

The involuntary Petition is a five-page document that needs detailed facts of recent conduct to support the criteria, is notarized, and submitted in the Unified Family Court Units. It comes with a family law case cover sheet, associated case notifications, date of birth form, and any information and description page.

The criteria for involuntary assessment and stabilization in Palm Beach County require that a petitioner provide the court with a reason to believe that: the person (respondent) is substance abuse impaired, AND has lost the power of self-control concerning substance abuse as a result of the impairment, AND has inflicted or is likely to inflict actual injury on themselves or others unless admitted, OR the refusal to voluntarily receive care is based on judgment so impairing that it is based on the refusal to

The Marchman Act defines substance abuse as the misuse or abuse of alcohol, illegal narcotics, or prescription medicine, as well as reliance on them. It also describes impaired substance misuse as "a condition characterized by the use of alcoholic drinks or another psychoactive or mood-altering drug in such a way as to create mental, emotional, or physical issues, as well as socially dysfunctional conduct."

The following are the procedures for filing a petition for involuntary evaluation and stabilization and a petition for involuntary treatment under the Marchman Act:

A spouse, legal guardian, any relative, private practitioner, director of a licensed service provider, or adult who has direct knowledge of the respondent's substance abuse impairment can file the Petition for an adult; for a minor, the petitioner must be a parent, legal guardian, or licensed service provider. To put it another way, recent conduct.

The following are the significant distinctions between the Marchman Act and the Marchman Act, according to the Clerk of the Circuit Court and the Comptroller of Palm Beach County: 

• Marchman facilities are not "lockdown" facilities, and they cannot physically prohibit the person from leaving. Contempt of court hearing is the only option.

• Treatment is not always free, particularly if 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 petitioners may be obliged to find a facility that has a room available.