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
HB 953 2024
1 A bill to be entitled
2 An act relating to parenting plan recommendations by
3 court-appointed psychologists; amending s. 61.122,
4 F.S.; revising the requirements a parent must follow
5 before filing a legal action against a court-appointed
6 psychologist who developed a parenting plan
7 recommendation in certain cases; making technical
8 changes; providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (3) and (4) of section 61.122,
13 Florida Statutes, are amended to read:
14 61.122 Parenting plan recommendation; presumption of
15 psychologist's good faith; prerequisite to parent's filing suit;
16 award of fees, costs, reimbursement.—
17 (3) A parent who desires to file a legal action against a
18 court-appointed psychologist who developed has acted in good
19 faith in developing a parenting plan recommendation in a must
20 petition the judge who presided over the dissolution of
21 marriage, case of domestic violence, or paternity matter
22 involving the relationship of a child and a parent, including
23 time-sharing of children, must conduct a reasonable
24 investigation and follow the procedures required under s.
25 766.104 to appoint another psychologist. Upon the parent's
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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
HB 953 2024
26 showing of good cause, the court shall appoint another
27 psychologist. The court shall determine who is responsible for
28 all court costs and attorney's fees associated with making such
29 an appointment.
30 (4) If a legal action, whether it be a civil action, a
31 criminal action, or an administrative proceeding, is filed
32 against a court-appointed psychologist in a dissolution of
33 marriage, case of domestic violence, or paternity matter
34 involving the relationship of a child and a parent, including
35 time-sharing of children, the claimant is responsible for all
36 reasonable costs and reasonable attorney attorney's fees
37 associated with the action for both parties if the psychologist
38 is held not liable. If the psychologist is held liable in civil
39 court, the psychologist must pay all reasonable costs and
40 reasonable attorney attorney's fees for the claimant.
41 Section 2. This act shall take effect July 1, 2024.
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