Florida Senate - 2026 SB 1128
By Senator Grall
29-01215A-26 20261128__
1 A bill to be entitled
2 An act relating to family law; amending s. 26.20,
3 F.S.; requiring that at least one judge be available
4 in each judicial circuit on weekends, holidays, and
5 after hours on weekdays to hear motions to enforce
6 certain orders and agreements; requiring a chief judge
7 to assign a circuit judge to be available for certain
8 hearings; amending s. 61.13, F.S.; requiring that
9 certain time-sharing matters be accorded priority on a
10 court’s calendar; providing procedural requirements
11 for evidentiary hearings on pleadings seeking
12 temporary parental responsibility and time-sharing
13 schedules and on motions to enforce compliance with
14 existing time-sharing orders or agreements; amending
15 s. 742.031, F.S.; requiring a court to issue upon
16 motion by a party, rather than authorizing the court
17 to make a determination of, appropriate parenting
18 plans in certain proceedings; deleting provisions
19 requiring the obligee parent to receive, or the mother
20 to be presumed to have, all time-sharing and sole
21 parental responsibility under certain circumstances;
22 providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 26.20, Florida Statutes, is amended to
27 read:
28 26.20 Availability of judge for hearings.—At least one
29 circuit judge in each circuit must be available at all times to
30 hold and conduct hearings with limited notice. In each circuit,
31 there must be at least one judge available on Saturdays,
32 Sundays, holidays, and after hours on weekdays to hear motions
33 for a temporary injunction ex parte in domestic violence cases
34 and motions to enforce time-sharing orders issued or agreements
35 entered into pursuant to s. 61.13 or s. 742.031. The chief judge
36 shall may assign a judge for this purpose.
37 Section 2. Subsection (10) is added to section 61.13,
38 Florida Statutes, to read:
39 61.13 Support of children; parenting and time-sharing;
40 powers of court.—
41 (10) The following time-sharing matters must be accorded
42 priority on the court’s calendar:
43 (a) An evidentiary hearing on an initial pleading seeking
44 temporary parental responsibility and time-sharing schedule not
45 agreed to by the parties. Each parent must file a proposed
46 temporary parenting plan with the clerk of the court as part of
47 his or her initial pleading seeking temporary affirmative
48 relief. Portions of the proposed temporary parenting plans which
49 are in agreement with each other must be adopted as a voluntary
50 agreed schedule between the parents before an evidentiary
51 hearing. Absent good cause, the court shall set a hearing on the
52 contested issues within 30 days after the pleading is filed. The
53 court may not refer the parties to mediation as a condition
54 precedent to the court holding a hearing unless the court has
55 the consent of both parties. The court shall issue an order on
56 temporary parental responsibility and time-sharing within 30
57 days after the evidentiary hearing.
58 (b) An evidentiary hearing on a motion to enforce
59 compliance with an existing time-sharing order or agreement. The
60 court shall set a hearing on a motion seeking to enforce
61 compliance with an existing time-sharing order or agreement
62 within 5 business days after the motion is filed. If the judge
63 assigned to the case is not able to conduct the hearing within 5
64 business days, a judge who is available pursuant to s. 26.20
65 must hold the hearing, which may occur during regular business
66 hours, on a Saturday, Sunday, or holiday, or after hours on a
67 weekday.
68 Section 3. Subsections (1) and (2) of section 742.031,
69 Florida Statutes, are amended to read:
70 742.031 Hearings; court orders for support, hospital
71 expenses, and attorney fees.—
72 (1) Hearings for the purpose of establishing or refuting
73 the allegations of the complaint and answer must be held in the
74 chambers and may be restricted to persons, in addition to the
75 parties involved and their counsel, as the judge in his or her
76 discretion may direct. The court shall determine the issues of
77 paternity of the child and the ability of the parents to support
78 the child. Each party’s social security number must be recorded
79 in the file containing the adjudication of paternity. If the
80 court finds that the alleged father is the father of the child,
81 it must so order. If appropriate, the court may order the father
82 to pay the complainant, her guardian, or any other person
83 assuming responsibility for the child moneys sufficient to pay
84 reasonable attorney fees, hospital or medical expenses, cost of
85 confinement, and any other expenses incident to the birth of the
86 child and to pay all costs of the proceeding. Bills for
87 pregnancy, childbirth, and scientific testing are admissible as
88 evidence without requiring third-party foundation testimony and
89 constitute prima facie evidence of amounts incurred for such
90 services or for testing on behalf of the child. The court shall
91 order either or both parents owing a duty of support to the
92 child to pay support under chapter 61. The court must issue,
93 upon motion by a party, a temporary order requiring child
94 support for a minor child under s. 61.30 pending an
95 administrative or judicial determination of parentage if there
96 is clear and convincing evidence of paternity on the basis of
97 genetic tests or other evidence. The court shall, upon motion by
98 a party, issue may also make a determination of an appropriate
99 parenting plan, including a time-sharing schedule, in accordance
100 with chapter 61.
101 (2) If a judgment of paternity contains only a child
102 support award with no parenting plan or time-sharing schedule,
103 the obligee parent shall receive all of the time-sharing and
104 sole parental responsibility without prejudice to the obligor
105 parent. If a paternity judgment contains no such provisions, the
106 mother shall be presumed to have all of the time-sharing and
107 sole parental responsibility.
108 Section 4. This act shall take effect July 1, 2026.