S 1128

Florida Senate - 2026  CS for SB 1128
By the Committee on Judiciary; and Senator Grall
590-02738-26  20261128c1
1A bill to be entitled
2An act relating to family law; amending s. 61.13,
3F.S.; requiring that certain time-sharing matters be
4accorded priority on a court’s calendar; providing
5procedural requirements for evidentiary hearings on
6motions seeking to establish temporary parental
7responsibility and time-sharing and on motions to
8enforce compliance with existing time-sharing orders;
9requiring the Office of the State Courts Administrator
10to prepare and publish on its website a publicly
11accessible annual report for certain evidentiary
12hearings held in each judicial circuit; requiring that
13the report include specified information; requiring
14the office to submit the report to the Legislature;
15prohibiting the reports from containing certain
16personal identifying information; authorizing the
17Supreme Court to adopt rules; amending s. 742.031,
18F.S.; requiring, rather than authorizing, a court to
19make a determination of appropriate parenting plans in
20certain proceedings; deleting provisions requiring the
21obligee parent to receive, or the mother to be
22presumed to have, all time-sharing and sole parental
23responsibility under certain circumstances; providing
24an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28Section 1. Subsection (10) is added to section 61.13,
29Florida Statutes, to read:
3061.13 Support of children; parenting and time-sharing;
31powers of court; evidentiary hearing reports.—
32(10)(a)The following time-sharing matters must be accorded
33priority on the court’s calendar:
341. An evidentiary hearing on an initial verified motion
35affirmatively seeking to establish temporary parental
36responsibility and time-sharing. Such motion must be filed
37separately from the initial petition for dissolution or petition
38to establish paternity, as applicable. The initiating party must
39attach a proposed temporary parenting plan to the motion. The
40responding party must file and serve a proposed temporary
41parenting plan within 10 days after receipt of service of the
42verified motion and attached proposed temporary parenting plan.
43However, failure of the responding party to file or serve a
44proposed temporary parenting plan is not a bar to moving forward
45on the motion. Portions of the proposed temporary parenting
46planswhich are not in dispute must be adopted as a voluntary
47agreed schedule between the parties. Absent good cause, the
48court shallconduct a hearing on the contested issues within 30
49days after the motion is served. The court may not refer the
50parties to mediation as a condition precedent to the court
51setting or conducting a hearing unless the court has the consent
52of both parties. The court shall issue an order on temporary
53parental responsibility and time-sharing within 30 days after
54the conclusion of the evidentiary hearing.
552. An evidentiary hearing on a motion to enforce compliance
56with an existing time-sharing order. The court shallconduct a
57hearing on a motion seeking to enforce compliance with an
58existing time-sharing order within 5 business days after the
59motion is served. If the judge assigned to the case is not able
60to conduct the hearing within 5 business days, an available
61family division judge must conduct the hearing during regular
62business hours. The court shall issue an order within 5 days
63after the conclusion of the evidentiary hearing.
64(b)1. Beginning July 1, 2027, and annually each July 1
65thereafter, the Office of the State Courts Administrator shall
66prepare and publish on its website a publicly accessible annual
67report on evidentiary hearings held under paragraph (a) in each
68judicial circuit. The report must include, at a minimum, all of
69the following:
70a. The number of evidentiary hearings held under
71subparagraphs (a)1. and 2.
72b. The average time from the filing of a motion to the
73issue of an order.
74c. Rates of compliance with the statutory timeframes for
75rulings on motions.
762. Upon publication, the Office of the State Courts
77Administrator shall submit the report to the President of the
78Senate and the Speaker of the House of Representatives.
793. Reports prepared under this paragraph may not contain
80personal identifying information of litigants or minor children.
814. The Supreme Court may adopt rules to implement this
82paragraph, including data collection and reporting standards.
83Section 2. Subsections (1) and (2) of section 742.031,
84Florida Statutes, are amended to read:
85742.031 Hearings; court orders for support, hospital
86expenses, and attorney fees.—
87(1) Hearings for the purpose of establishing or refuting
88the allegations of the complaint and answer must be held in the
89chambers and may be restricted to persons, in addition to the
90parties involved and their counsel, as the judge in his or her
91discretion may direct. The court shall determine the issues of
92paternity of the child and the ability of the parties [parents] to
93support the child. Each party’s social security number must be
94recorded in the file containing the adjudication of paternity.
95If the court finds that the alleged father is the father of the
96child, it must so order. If appropriate, the court may order the
97father to pay the complainant, her guardian, or any other person
98assuming responsibility for the child moneys sufficient to pay
99reasonable attorney fees, hospital or medical expenses, cost of
100confinement, and any other expenses incident to the birth of the
101child and to pay all costs of the proceeding. Bills for
102pregnancy, childbirth, and scientific testing are admissible as
103evidence without requiring third-party foundation testimony and
104constitute prima facie evidence of amounts incurred for such
105services or for testing on behalf of the child. The court shall
106order either or both parties [parents] owing a duty of support to
107the child to pay support under chapter 61. The court must issue,
108upon motion by a party, a temporary order requiring child
109support for a minor child under s. 61.30 pending an
110administrative or judicial determination of parentage if there
111is clear and convincing evidence of paternity on the basis of
112genetic tests or other evidence. The court shall [may] also make a
113determination of an appropriate parenting plan, including a
114time-sharing schedule, in accordance with chapter 61.
115[(2) If a judgment of paternity contains only a child]
116[support award with no parenting plan or time-sharing schedule,]
117[the obligee parent shall receive all of the time-sharing and]
118[sole parental responsibility without prejudice to the obligor]
119[parent. If a paternity judgment contains no such provisions, the]
120[mother shall be presumed to have all of the time-sharing and]
121[sole parental responsibility][.]
122Section 3. This act shall take effect July 1, 2026.