Florida HB 971: Family Law

Bill Text

HB 971 2026

CODING: Words stricken are deletions; words underlined are additions.
hb971-00
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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

A bill to be entitled 1
An act relating to family law; amending s. 26.20, 2
F.S.; requiring that at least one judge be available 3
in each judicial circuit on weekends, holidays, and 4
after hours on weekdays to hear motions to enforce 5
certain orders and agreements; requiring a chief judge 6
to assign a circuit judge to be available for certain 7
hearings; amending s. 61.13, F.S.; requiring that 8
certain time-sharing matters be accorded priority on a 9
court's calendar; providing procedural requirements 10
for evidentiary hearings on pleadings seeking 11
temporary parental responsibility and time-sharing 12
schedules and on motions to enforce compliance with 13
existing time-sharing orders or agreements; amending 14
s. 742.031, F.S.; requiring a court to issue upon 15
motion by a party, rather than authorizing the court 16
to make a determination of, appropriate parenting 17
plans in certain proceedings; deleting provisions 18
requiring the obligee parent to receive, or the mother 19
to be presumed to have, all time-sharing and sole 20
parental responsibility under certain circumstances; 21
providing an effective date. 22
23
Be It Enacted by the Legislature of the State of Florida: 24
25

HB 971 2026

CODING: Words stricken are deletions; words underlined are additions.
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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

Section 1. Section 26.20, Florida Statutes, is amended to 26
read: 27
26.20 Availability of judge for hearings.—At least one 28
circuit judge in each circuit must be available at all times to 29
hold and conduct hearings with limited notice. In each circuit, 30
there must be at least one judge available on Saturdays, 31
Sundays, holidays, and after hours on weekdays to hear motions 32
for a temporary injunction ex parte in domestic violence cases 33
and motions to enforce time-sharing orders issued or agreements 34
entered into pursuant to s. 61.13 or s. 742.031. The chief judge 35
shall may assign a judge for this purpose. 36
Section 2. Subsection (10) is added to section 61.13, 37
Florida Statutes, to read: 38
61.13 Support of children; parenting and time-sharing; 39
powers of court.— 40
(10) The following time-sharing matters must be accorded 41
priority on the court's calendar: 42
(a) An evidentiary hearing on an initial pleading seeking 43
temporary parental responsibility and time-sharing schedule not 44
agreed to by the parties. Each parent must file a proposed 45
temporary parenting plan with the clerk of the court as part of 46
his or her initial pleading seeking temporary affirmative 47
relief. Portions of the proposed temporary parenting plans which 48
are in agreement with each other must be adopted as a voluntary 49
agreed schedule between the parents before an evidentiary 50

HB 971 2026

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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

hearing. Absent good cause, the court shall set a hearing on the 51
contested issues within 30 days after the pleading is filed. The 52
court may not refer the parties to mediation as a condition 53
precedent to the court holding a hearing unless the court has 54
the consent of both parties. The court shall issue an order on 55
temporary parental responsibility and time-sharing within 30 56
days after the evidentiary hearing. 57
(b) An evidentiary hearing on a motion to enforce 58
compliance with an existing time-sharing order or agreement. The 59
court shall set a hearing on a motion seeking to enforce 60
compliance with an existing time-sharing order or agreement 61
within 5 business days after the motion is filed. If the judge 62
assigned to the case is not able to conduct the hearing within 5 63
business days, a judge who is available pursuant to s. 26.20 64
must hold the hearing, which may occur during regular business 65
hours, on a Saturday, Sunday, or holiday, or after hours on a 66
weekday. 67
Section 3. Subsections (3) and (4) of section 742.031, 68
Florida Statutes, are renumbered as subsections (2) and (3), 69
respectively, and subsection (1) and present subsection (2) are 70
amended to read: 71
742.031 Hearings; court orders for support, hospital 72
expenses, and attorney fees.— 73
(1) Hearings for the purpose of establishing or refuting 74
the allegations of the complaint and answer must be held in the 75

HB 971 2026

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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

chambers and may be restricted to persons, in addition to the 76
parties involved and their counsel, as the judge in his or her 77
discretion may direct. The court shall determine the issues of 78
paternity of the child and the ability of the parents to support 79
the child. Each