SEMINOLE COUNTY, Fla. — The Baker Act law in Florida is designed to allow law enforcement officers and health care workers to take action in order to prevent someone from hurting him or herself — or others.

But Seminole County Sheriff Dennis Lemma says law enforcement need more options when it comes to dealing with people in a mental health crisis.


What You Need To Know

  • The Baker Act law in Florida is designed to allow law enforcement officers and healthcare workers to take action in order to prevent someone from hurting themselves or others

  • Seminole County Sheriff Dennis Lemma says Baker Acts are the only option his deputies have besides arresting a person or letting them go free

  • Lemma wants people in crisis to have more alternatives to Baker Acts, including immediate access to mental health counselors who can evaluate them and decide what's best for them

Lemma says it’s an unfortunate reality that in Seminole County alone, there are about 300 people taken into custody via the Baker Act every month. 

“It was never intended to be used for anyone who is in mental health crisis,” he said.

Currently it’s the only option he said his deputies have beside arresting a person or letting them go. But Lemma wants that to change.

“Jail and prison is not the most appropriate place for people who are in mental health crisis,” he said.

Earlier this year the county teamed up with several agencies to open up a facility to help opioid addicts, which is something Lemma believes can be built on to create a crisis stabilization center.

“It will allow EMS personnel, law enforcement officers — regardless of their jurisdiction — to take individuals who are in crisis to be screened, to be evaluated, regardless of their level of health care coverage insurance,” he said.

Those evaluations would be conducted by mental health counselors before someone is taken to jail or detained under the Baker Act.

“I think that we will save lives, I think that we will make our community safer and I think we will reunite loved ones with their family members who have been lost,” said Lemma.

David Pomales knows what it’s like to be stuck in the wrong place. While seeking medical care at an ER, he said somehow what he was saying was misinterpreted by doctors.

He said they thought he wanted to kill himself and ordered him taken into custody under the Baker Act.

“Everything just started to hurt, and there was nothing I could do about it,” said Pomales. “The stress level was so high, I was just like, make it go away. They strapped me to a bed, they still don’t tell me what’s going on — nothing — put me in an ambulance and start driving somewhere.”

Pomales said it was a traumatic experience that will haunt him forever.

“I need to get out of here — I don’t belong here — my family doesn’t know where I’m at,” he said.

Two years later, Pomales said he’s been able to heal from the physical and mental wounds.

“I am doing much better,” he said. “I have gotten the help that I deserve.”

That healing happened, he said, thanks to mental health treatment and family support.

“I would not be here without them, or without that support,” said Pomales.

He believes the changes Lemma is proposing could help prevent others from going through what he did.

“I think it’s wonderful," Pomales said. "I think anything that can be improved is a step forward."

Lemma said his plans will require more funding to carry out, but he believes state lawmakers are making mental health treatment a priority and that his plans have widespread support.