Florida Senate - 2025 CS for SB 976
By the Committee on Children, Families, and Elder Affairs; and
Senator Bernard
586-03170-25 2025976c1
1 A bill to be entitled
2 An act relating to court-appointed psychologists;
3 amending s. 61.122, F.S.; requiring a party to seek
4 disqualification of a court-appointed psychologist
5 before filing an administrative complaint against the
6 psychologist; providing for disqualification motions;
7 revising provisions for award of costs and attorney
8 fees in supplemental actions against court-appointed
9 psychologists; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsections (2), (3), and (4) of section 61.122,
14 Florida Statutes, are amended to read:
15 61.122 Parenting plan recommendation; presumption of
16 psychologist’s good faith; prerequisite to parent’s filing suit;
17 award of fees, costs, reimbursement.—
18 (2) An administrative complaint against a court-appointed
19 psychologist which relates to a parenting plan recommendation
20 conducted by the psychologist may not be filed anonymously. The
21 individual who files an administrative complaint must include in
22 the complaint his or her name, address, and telephone number.
23 Such an administrative complaint may not be filed until the
24 complainant has moved to disqualify the selection of the
25 psychologist pursuant to subsection (3).
26 (3) A parent who desires to disqualify the selection of the
27 file a legal action against a court-appointed psychologist or
28 file an administrative complaint against the court-appointed
29 psychologist who has acted in good faith in developing a
30 parenting plan recommendation must petition the judge who is
31 presiding presided over the dissolution of marriage, case of
32 domestic violence, or paternity matter involving the
33 relationship of a child and a parent, including time-sharing of
34 children, to appoint an alternative another psychologist. Upon
35 the parent’s showing of good cause, the court shall appoint
36 another psychologist. The court shall determine who is
37 responsible for all court costs and attorney attorney’s fees
38 associated with making such an appointment.
39 (4) In any supplemental If a legal action, whether it be a
40 civil action, a criminal action, or an administrative
41 proceeding, is filed against a court-appointed psychologist
42 based upon his or her participation in a dissolution of
43 marriage, case of domestic violence, or paternity matter
44 involving the relationship of a child and a parent, including
45 time-sharing of children, the claimant is responsible for all
46 reasonable costs and reasonable attorney attorney’s fees
47 associated with the supplemental action for both parties if the
48 psychologist is held not liable. If the psychologist is held
49 liable in civil court, the psychologist must pay all reasonable
50 costs and reasonable attorney’s fees for the claimant.
51 Section 2. This act shall take effect July 1, 2025.