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.