HB 0715 2003
   
1 A bill to be entitled
2          An act relating to court-appointed psychologists; creating
3    s. 490.0122, F.S.; providing that court-appointed
4    psychologists appointed to conduct a child custody
5    evaluation shall be deemed to be acting in good faith
6    under certain circumstances; providing criteria for suits
7    against a court-appointed psychologist; providing that
8    certain administrative complaints cannot be filed
9    anonymously; providing for the payment of attorney's fees
10    and certain costs; providing an effective date.
11         
12          Be It Enacted by the Legislature of the State of Florida:
13         
14          Section 1. Section 490.0122, Florida Statutes, is created
15    to read:
16          490.0122 Court-appointed psychologists; immunity; actions
17    against; attorney's fees.--
18          (1) Any psychologist participating in a judicial
19    proceeding who has been court appointed to conduct a child
20    custody evaluation shall be presumed to be acting in good faith
21    if the evaluation has been conducted pursuant to standards that
22    a reasonable psychologist would have used as recommended by The
23    American Psychological Association’s Guidelines for Child
24    Custody Evaluation in Divorce Proceedings.
25          (2) In a child custody hearing, in order for a parent or
26    legal guardian to be able to file suit against a court-appointed
27    psychologist who has acted in good faith, the parent or legal
28    guardian must first petition the judge who presided over the
29    child custody hearing to appoint another psychologist, upon
30    showing good cause, and shall be responsible for all court costs
31    and attorney’s fees.
32          (3) Any administrative complaint filed against a
33    psychologist following a child custody evaluation shall not be
34    filed anonymously. The name, address, and phone number of the
35    party filing the complaint must be included as part of the
36    complaint.
37          (4) Once a suit is filed against a court-appointed
38    psychologist in a child custody hearing in civil, criminal, or
39    administrative court, the claimant shall be responsible for all
40    attorney’s fees associated with said suit for both parties to
41    the extent that the psychologist is not held liable in civil,
42    criminal, or administrative court. The claimant must pay
43    administrative fees at the prevailing state hourly rate and must
44    reimburse the psychologist for all reasonable fees associated
45    with loss of work that was necessary in defending the claim if
46    the psychologist is found not guilty.
47          (5) If the psychologist is held liable in civil court, the
48    psychologist must pay all attorney's fees and court costs for
49    the claimant.
50          Section 2. This act shall take effect upon becoming a law.