Baker Act reform passes Senate, named for fallen Okaloosa officer

The Florida Senate passed legislation Friday to reform the state’s Baker Act.  The bill was named in honor of Anthony Forgione, an Okaloosa County Sheriff’s Deputy who was killed attempting to retrieve a patient who had repeatedly walked away from Fort Walton Beach Medical Center.

The Deputy Anthony Forgione Act, sponsored by Senator Don Gaetz (R-Niceville) and Representative Brad Drake (R-DeFuniak Springs), will require law enforcement agencies and treatment facilities to develop and follow protocols governing how Baker Act patients will be transported, secured and evaluated. This act also states that a person in custody, who is being transported under the Baker Act, can be relinquished only to a responsible individual at the appropriate treatment facility. 

After being admitted to the facility, a patient who requires psychiatric care, but does not give consent to treatment may be held involuntarily, based on a decision by medical authorities. 

The legislation was created in response to the death of Deputy Forgione, an Okaloosa Sheriff Deputy who was shot and killed on July 22, 2008, by Mark Rohlman, a Baker Act patient who “eloped” or left Fort Walton Beach Medical Center while awaiting evaluation and treatment. 

 After being returned to the hospital several times during a two-day span, Rolhman walked out and was tracked to a residential home.  When deputies attempted to apprehend him, he opened fire. During the shootout, Forgione was shot and killed.

“The need for this bill was evident following the tragedy that occurred in our county,” Gaetz said.  “The legislation doesn’t point fingers at anyone but does point a better way forward in transporting, safeguarding and treating Baker Act patients.”

“Representative Drake and I also wanted this law as a living memorial for Deputy Forgione,” the senator explained.  “At a time when the badge has been tarnished by the improper actions of a few, we want to lift up the memory of Tony Forgione and honor the daily acts of bravery and duty by the hundreds of women and men in our sheriff’s office and police departments who serve ethically and skillfully.”

The Senate bill next goes to the House of Representatives where favorable action is expected.