SB 1128 — Family Law

Florida Senate - 2026 CS for SB 1128 By Senatorthe GrallCommittee 29-01215A-26on 20261128__Judiciary; A bill to be entitled An act relating to family law;

and Senator Grall 590-02738-26 20261128c1 A bill to be entitled An act relating to family law;

26.20, F.S.;

requiring that at least one judge be available in each judicial circuit on weekends, holidays, and after hours on weekdays to hear motions to enforce certain orders and agreements;

requiring a chief judge to assign a circuit judge to be available for certain hearings;

amending s.

providing procedural requirements for evidentiary hearings on pleadingsmotions seeking to establish temporary parental responsibility and time-sharing schedules and on motions to enforce compliance with existing time-sharing ordersorders; or agreements;

requiring the Office of the State Courts Administrator to prepare and publish on its website a publicly accessible annual report for certain evidentiary hearings held in each judicial circuit;

requiring that the report include specified information;

requiring the office to submit the report to the Legislature;

prohibiting the reports from containing certain personal identifying information;

authorizing the Supreme Court to adopt rules;

requiringrequiring, a court to issue upon motion by a party, rather than authorizingauthorizing, thea court to make a determination of,of appropriate parenting plans in certain proceedings;

SectionSubsection 26.20,(10) Floridais Statutes,added isto amendedsection 61.13, Florida Statutes, to read:

26.20 Availability of judge for hearings.—At least one circuit judge in each circuit must be available at all times to Page 1 of 45 CODING:

Florida Senate - 2026 CS for SB 1128 29-01215A-26590-02738-26 20261128__20261128c1 hold61.13 andSupport conductof hearingschildren; with limited notice.

In each circuit, there must be at least one judge available on Saturdays, Sundays, holidays, and after hours on weekdays to hear motions for a temporary injunction ex parte in domestic violence cases and motions to enforce time-sharing orders issued or agreements entered into pursuant to s.

61.13 or s.

742.031.

The chief judge shall may assign a judge for this purpose.

Section 2.

Subsection (10) is added to section 61.13, Florida Statutes, to read:

61.13 Support of children;

powers of court.—court; (10) The following time-sharing matters must be accorded priority on the court’s calendar:

(a) An evidentiary hearing onreports.— an(10)(a) initialThe pleadingfollowing seeking temporary parental responsibility and time-sharing schedulematters notmust agreedbe toaccorded bypriority on the parties.court’s calendar:

Each1. parent must file a proposed temporary parenting plan with the clerk of the court as part of his or her initial pleading seeking temporary affirmative relief.

PortionsAn ofevidentiary thehearing proposedon temporaryan parentinginitial plansverified whichmotion areaffirmatively inseeking agreementto withestablish eachtemporary otherparental mustresponsibility beand adoptedtime-sharing. as a voluntary agreed schedule between the parents before an evidentiary hearing.

AbsentSuch goodmotion cause,must thebe courtfiled shallseparately setfrom a hearing on the contestedinitial issuespetition withinfor 30dissolution daysor afterpetition theto pleadingestablish ispaternity, filed.as applicable.

The courtinitiating mayparty notmust referattach thea partiesproposed totemporary mediationparenting asplan a condition precedent to the courtmotion. holding a hearing unless the court has the consent of both parties.

The courtresponding shallparty issuemust anfile orderand onserve temporarya parentalproposed responsibilitytemporary andparenting time-sharingplan within 3010 days after receipt of service of the evidentiaryverified hearing.motion and attached proposed temporary parenting plan.

(b)However, Anfailure evidentiaryof hearingthe onresponding party to file or serve a motionproposed totemporary enforceparenting Pageplan 2is ofnot 4a CODING:bar to moving forward on the motion.

Portions of the proposed temporary parenting plans which are not in dispute must be adopted as a voluntary agreed schedule between the parties.

Absent good cause, the court shall conduct a hearing on the contested issues within 30 days after the motion is served.

The court may not refer the parties to mediation as a condition precedent to the court setting or conducting a hearing unless the court has the consent of both parties.

The court shall issue an order on temporary parental responsibility and time-sharing within 30 days after the conclusion of the evidentiary hearing.

2.

An evidentiary hearing on a motion to enforce compliance with an existing time-sharing order.

The court shall conduct a hearing on a motion seeking to enforce compliance with an existing time-sharing order within 5 business days after the Page 2 of 5 CODING:

Florida Senate - 2026 CS for SB 1128 29-01215A-26590-02738-26 20261128__20261128c1 compliancemotion withis anserved. existing time-sharing order or agreement.

TheIf courtthe shalljudge setassigned ato hearingthe oncase ais motionnot seekingable to enforceconduct compliancethe withhearing anwithin existing5 time-sharingbusiness orderdays, oran agreementavailable withinfamily 5division businessjudge daysmust afterconduct the motionhearing isduring filed.regular business hours.