Florida Assisted Living Affiliation
Resolution to Support FSA Baker Act Reform

 WHEREAS, the Florida Assisted Living Affiliation (hereinafter “FALA”) is the largest trade association representing the assisted living profession in Florida, members of  FALA are in daily contact with individuals subject to the Florida Mental Health Act (hereinafter “Baker Act”), and thus have intimate knowledge of its adverse impact on the quality of life for individuals with a severe mental illness; and

WHEREAS, the Baker Act requires than an individual be a danger to self or others (threat of substantial harm to self and/or substantial likelihood of serious bodily harm – Florida Statutes § 394.4625) before medical treatment may be provided for someone who refuses needed psychiatric treatment (hereinafter “dangerousness standard”), while the majority of states incorporate standards that allow medical intervention prior to the point of dangerousness; and

WHEREAS, Florida is among the two largest states for assisted living in the country, with approximately 2300 assisted living facilities that care for over 75,000 residents; and

            WHEREAS, assisted living residences provide housing for a significant number of Florida’s citizens with mental illnesses; and

WHEREAS, the Baker Act’s dangerousness standard exposes assisted living facility staff and residents to unnecessary risk by preventing medical intervention until an individual has deteriorated to the point of dangerousness; and

WHEREAS, the Baker Act’s dangerousness standard subjects assisted living facility staff to potential liability because it requires dangerousness before intervention; and

WHEREAS, Florida’s current interpretation of the Baker Act unnecessarily increases assisted living costs by restricting medical intervention for individuals with a severe mental illness until he or she has deteriorated to the point of dangerousness; this lag raises treatment costs, reduces treatment efficacy, and increases the risk of injury to staff, residents and the individual with a mental illness; and

WHEREAS, more than 80,000 Baker Act cases were initiated in 2000; 7,500 cases involved adults who were subject to Baker Act commitments two or more times in a given year;

WHEREAS, more than 850 adults were subject to Baker Act commitments six or more times over a 21-month period; and

WHEREAS, these Baker Act “recidivists” utilize a disproportionate amount of already limited mental health resources; and

            WHEREAS, members of FALA believe that the consequences of non-treatment, including: incarceration, suicide, homelessness, worsening symptoms, victimizations, and violence can be diminished by reforming the Baker Act to allow for court-ordered community based treatment and earlier treatment intervention; 

            THEREFORE, BE IT RESOLVED, that the Florida Assisted Living Affiliation seeks to improve the health, safety and quality of life of residents with a severe mental illness, other residents, and staff by supporting the Florida Sheriffs Association’s proposed reforms to the Florida Mental Health Act (Baker Act) to include an earlier intervention standard for recidivists, and supports reforms to allow judges to order treatment in the community for individuals who are in need of, but refuse, treatment.