SB 976 — Court-appointed Psychologists

Florida Senate - 2025 CS for SB 976 By Senatorthe BernardCommittee 24-01299-25on 2025976__Children, AFamilies, billand toElder beAffairs; entitled An act relating to court-appointed social investigators;

and Senator Bernard 586-03170-25 2025976c1 A bill to be entitled An act relating to court-appointed psychologists;

61.20, F.S.;

requiring a court-appointed social investigator to submit a written report to the judge;

providing requirements for reports;

amending s.

requiring that a specifiedparty investigationto beseek undertakendisqualification beforeof a specifiedcourt-appointed claimpsychologist maybefore befiling madean againstadministrative acomplaint court-appointedagainst psychologistthe preparingpsychologist; a parenting plan;

requiringproviding thatfor adisqualification certificatemotions; be filed with the claim;

providingrevising provisions for sanctionsaward ifof suchcosts certificateand wasattorney notfees made in goodsupplemental faith;actions against court-appointed psychologists;

providing for an automatic stay of limitations period for such investigation;

providing for access to records for the investigation;

providing for immunity from liability for compliance with certain disclosure in conjunction with the investigation;

creating s.

61.123, F.S.;

requiring the Department of Children and Families to develop and publish criteria for use by court-appointed social investigators;

SubsectionSubsections (4)(2), is(3), addedand to(4) of section 61.20,61.122, Florida Statutes, are amended to read:

61.20 Social investigation and recommendations regarding a parenting plan.— (4) A court-appointed social investigator must submit a written report to the judge, which must be accessible to all Page 1 of 5 CODING:

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words underlined are additions.

Florida Senate - 2025 SB 976 24-01299-25 2025976__ parties to a legal action and must outline the social investigator’s recommendations, the reasoning for the recommendations, the factors considered in the recommendations, and an analysis of each factor considered in making the recommendations in a custody dispute, a dissolution of marriage, a case of domestic violence, or a paternity matter involving the relationship of a child and a parent, including time-sharing of children.

Section 2.

Present subsection (4) of section 61.122, Florida Statutes, is redesignated as subsection (5) and amended, a new subsection (4) is added to that section, and subsection (3) of that section is amended, to read:

award of fees, costs, reimbursement.— (3)(2) AAn parentadministrative whocomplaint desires to file a legal action against a court-appointed psychologist whowhich hasrelates actedto in good faith in developing a parenting plan recommendation mustconducted petitionby the judgepsychologist whomay presidednot overbe thefiled dissolutionanonymously. of marriage, case of domestic violence, or paternity matter involving the relationship of a child and a parent, including time-sharing of children, to appoint another psychologist.

UponThe theindividual parent’swho showingfiles ofan goodadministrative cause,complaint must include in the courtcomplaint shallhis appointor anotherher psychologist.name, address, and telephone number.

TheSuch courtan shalladministrative determinecomplaint whomay isnot responsiblebe forfiled alluntil courtthe costscomplainant andhas attorneymoved attorney’sto feesdisqualify associatedthe withselection makingof suchthe anpsychologist appointment.pursuant to subsection (3).

(4)(a)(3) AnA actionparent maywho notdesires beto filed,disqualify whetherthe itselection isof the file a civillegal action,action against a criminalcourt-appointed action,psychologist or file an administrative proceeding,complaint against athe court-appointed psychologist who has acted in agood dissolutionfaith ofin developing a Page 21 of 52 CODING:

Florida Senate - 2025 CS for SB 976 24-01299-25586-03170-25 2025976__2025976c1 marriage,parenting caseplan ofrecommendation domesticmust violence,petition orthe paternityjudge matterwho involvingis thepresiding relationshippresided ofover athe childdissolution andof amarriage, parent,case unlessof thedomestic attorneyviolence, or otherpaternity personmatter filinginvolving the actionrelationship hasof made a reasonablechild investigationand as permitted by the circumstances to determine that there are grounds for a goodparent, faithincluding belieftime-sharing that there has been negligence or a lack of goodchildren, faithto byappoint thean court-appointedalternative another psychologist.

TheUpon complaintthe orparent’s initialshowing pleadingof must contain a certificate stating that such reasonable investigation gave rise to a good faithcause, beliefthe thatcourt groundsshall existappoint foranother an action against the court-appointed psychologist.

ForThe purposescourt ofshall thisdetermine section,who goodis faithresponsible mayfor beall showncourt tocosts existand ifattorney theattorney’s claimantfees orassociated hiswith ormaking hersuch counsel has received a written opinion of an expert,appointment. as described in s.

766.102,(4) thatIn thereany appearssupplemental toIf a legal action, whether it be evidencea civil action, a criminal action, or an administrative proceeding, is filed against a court-appointed psychologist based upon his or her participation in a dissolution of negligencemarriage, case of domestic violence, or paternity matter involving the relationship of a lackchild and a parent, including time-sharing of goodchildren, faith.the claimant is responsible for all reasonable costs and reasonable attorney attorney’s fees associated with the supplemental action for both parties if the psychologist is held not liable.

SuchIf anthe opinionpsychologist is notheld subjectliable toin discoverycivil bycourt, anthe opposingpsychologist party.must pay all reasonable costs and reasonable attorney’s fees for the claimant.

IfSection the2. court determines that such certificate was not made in good faith and that no justiciable issue was presented against a court- appointed psychologist who fully cooperated in providing informal discovery, the court must award attorney fees and taxable costs against the claimant’s counsel and must submit the matter to The Florida Bar for disciplinary review of the attorney, if any.

(b) An automatic 90-day extension of the statute of limitations shall be granted to allow the reasonable investigation required by paragraph (a).

This extension shall be in addition to other tolling periods.

A court order is not required for the extension to be effective.

This paragraph does not revive a cause of action on which the statute of limitations has run.

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Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 SB 976 24-01299-25 2025976__ (c) For purposes of conducting the investigation required by this subsection, and notwithstanding any other provision of law to the contrary, copies of all medical reports and records, including bills, films, and other records, relating to the development of the parenting plan must be made available, upon request, to the plaintiff.