| 9 | 9 | | Page 1 of 3 |
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| 10 | 10 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to court -appointed psychologists; 2 |
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| 16 | 16 | | amending s. 61.122, F.S.; requiring a party to seek 3 |
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| 17 | 17 | | disqualification of a court -appointed psychologist 4 |
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| 18 | 18 | | before filing an administrative complaint against the 5 |
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| 19 | 19 | | psychologist; providing for disqualification motions; 6 |
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| 20 | 20 | | revising provisions for award of costs and attorney 7 |
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| 21 | 21 | | fees in supplemental actions against court -appointed 8 |
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| 22 | 22 | | psychologists; providing an effective date. 9 |
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| 23 | 23 | | 10 |
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| 24 | 24 | | Be It Enacted by the Legislature of the State of Florida: 11 |
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| 25 | 25 | | 12 |
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| 26 | 26 | | Section 1. Subsections (2), (3), and (4) of section 13 |
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| 27 | 27 | | 61.122, Florida Statutes, are amended to read: 14 |
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| 28 | 28 | | 61.122 Parenting plan recommendation; presumption of 15 |
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| 29 | 29 | | psychologist's good faith; prerequisite to parent's filing suit; 16 |
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| 30 | 30 | | award of fees, costs, reimbursement. — 17 |
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| 31 | 31 | | (2) An administrative complaint against a court -appointed 18 |
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| 32 | 32 | | psychologist which relates to a parenting plan recommendation 19 |
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| 33 | 33 | | conducted by the psychologist may not be filed anonymously. The 20 |
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| 34 | 34 | | individual who files an administrative complaint must include in 21 |
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| 35 | 35 | | the complaint his or her name, address, and telephone number. 22 |
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| 36 | 36 | | Such an administrative complaint may not be filed until the 23 |
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| 37 | 37 | | complainant has moved to disqualify the selection of the 24 |
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| 38 | 38 | | psychologist pursuant to subsection (3). 25 |
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| 46 | 46 | | Page 2 of 3 |
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| 47 | 47 | | F L O R I D A H O U S E O F R E P R E S E N T A T I V E S |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | (3) A parent who desires to disqualify the selection of 26 |
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| 52 | 52 | | the file a legal action against a court-appointed psychologist 27 |
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| 53 | 53 | | or file an administrative complaint against the court -appointed 28 |
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| 54 | 54 | | psychologist who has acted in good faith in devel oping a 29 |
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| 55 | 55 | | parenting plan recommendation must petition the judge who is 30 |
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| 56 | 56 | | presiding presided over the dissolution of marriage, case of 31 |
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| 57 | 57 | | domestic violence, or paternity matter involving the 32 |
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| 58 | 58 | | relationship of a child and a parent, including time -sharing of 33 |
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| 59 | 59 | | children, to appoint an alternative another psychologist. Upon 34 |
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| 60 | 60 | | the parent's showing of good cause, the court shall appoint 35 |
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| 61 | 61 | | another psychologist. The court shall determine who is 36 |
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| 62 | 62 | | responsible for all court costs and attorney attorney's fees 37 |
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| 63 | 63 | | associated with making suc h an appointment. 38 |
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| 64 | 64 | | (4) In any supplemental legal action filed against If a 39 |
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| 65 | 65 | | legal action, whether it be a civil action, a criminal action, 40 |
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| 66 | 66 | | or an administrative proceeding, is filed against a court-41 |
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| 67 | 67 | | appointed psychologist based upon his or her participation in a 42 |
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| 68 | 68 | | dissolution of marriage, case of domestic violence, or paternity 43 |
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| 69 | 69 | | matter involving the relationship of a child and a parent, 44 |
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| 70 | 70 | | including time-sharing of children, the claimant is responsible 45 |
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| 71 | 71 | | for all reasonable costs and reasonable attorney attorney's fees 46 |
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| 72 | | - | associated with the supplemental action for both parties if the 47 |
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| 73 | | - | psychologist is held not liable. If the psychologist is held 48 |
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| 74 | | - | liable in civil court, the psychologist must pay all reasonable 49 |
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| 75 | | - | costs and reasonable attorney's fees for the claimant. 50 |
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| 72 | + | associated with the action for both parties if the psychologist 47 |
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| 73 | + | is held not liable. If the psychologist is held liable in civil 48 |
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| 74 | + | court, the psychologist must pay all reasonable costs and 49 |
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| 75 | + | reasonable attorney's fees for the claimant. 50 |
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