Florida 2025 Regular Session

Florida Senate Bill S0976 Latest Draft

Bill / Comm Sub Version Filed 04/02/2025

 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 61.122Parenting plan recommendation; presumption of 16 psychologists good faith; prerequisite to parents 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 parents 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 attorneys 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 attorneys 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 attorneys fees for the claimant. 51 Section 2.This act shall take effect July 1, 2025.