Florida SB 1128 Did Not Take Effect July 1, 2026

Despite headlines suggesting Florida's SB 1128 took effect July 1, 2026, the bill did not become law. It died in the Senate Appropriations Committee on Criminal and Civil Justice on March 13, 2026, and was never passed, signed, or enacted. No new "faster hearing" or "parenting plan priority" rules took effect. Florida time-sharing is still governed by existing law under F.S. 61.13.

News Hook: A Reform That Stalled, Not One That Started

SB 1128, sponsored by Senator Erin Grall, was one of the more closely watched family-law bills of Florida's 2026 session. As filed, it carried a July 1, 2026 effective date, which is likely the source of the mistaken belief that it is now in force. But an effective date written into a bill only matters if the bill actually passes. This one did not.

The bill cleared its first stop, the Senate Judiciary Committee, on February 10, 2026 by an 11-0 vote. It then moved to the Appropriations Committee on Criminal and Civil Justice, where it stalled and died on March 13, 2026. The companion House measure met the same fate. There is no chapter law, no governor's signature, and no new statute.

What killed it was money. The Senate's own analysis flagged an "indeterminate, but likely significant" negative fiscal impact on the court system. Prioritizing time-sharing cases and imposing tight hearing deadlines would have increased judicial workload to the point that the state might have needed to fund additional judges and staff. In an appropriations committee, that price tag was fatal.

What SB 1128 Would Have Done

It is worth understanding the proposal, because the underlying problem it targeted is real and the idea may return in a future session.

After a strike-all amendment, the bill would have amended F.S. 61.13 and F.S. 742.031 to require courts to give priority to two categories of matters: proceedings to establish initial temporary parenting plans, and hearings to enforce existing time-sharing orders and agreements. The mechanics would have worked roughly like this:

• A parent seeking an initial temporary parenting plan would file a proposed plan with the initial pleading.
• The other parent would have 10 days to file a competing proposed plan.
• The court would adopt the portions of the two plans that agreed.
• Absent good cause, the court would hold a hearing within 30 days of the initial pleading on the disputed portions.
• The court would then establish a temporary parenting plan within 30 days after that hearing.

The bill also would have directed the Office of the State Courts Administrator to publish an annual public report on these evidentiary hearings by judicial circuit, creating accountability data the courts do not currently produce.

Notably, an earlier version included a far more aggressive idea: requiring each judicial circuit to keep a judge available on weekends, holidays, and after hours to hear enforcement motions. Senator Grall dropped that "duty judge" provision before the first committee vote, calling it the start of a "conversation" rather than a finished policy.

Legal Implications for Florida Divorce Cases

The practical implication is simple but important: nothing changed. Any client who was told they now have a right to a hearing within 30 days, or a statutory priority on the court's calendar, was told something incorrect. Those procedural guarantees were never enacted.

Florida time-sharing continues to operate under F.S. 61.13, which directs courts to create parenting plans in the best interests of the child and lists the factors a judge weighs. Temporary relief on time-sharing is still available, but the timing depends on each circuit's docket and local practice rather than a statewide 30-day mandate.

This matters most for the contested cases SB 1128 was designed to help. Senator Grall described parents waiting 18 months to two years for custody disputes to resolve, with no leverage while an ex denies access to a child. That delay problem still exists. The bill that would have addressed it does not.

Florida-Specific Analysis

SB 1128 sat on top of Florida's 2023 time-sharing overhaul, SB 1416, which created a rebuttable presumption that equal (50/50) time-sharing is in a child's best interests. SB 1416 changed the substantive starting point for how time is divided. SB 1128 would have changed the procedural speed at which courts reach a temporary answer. The two were complementary: one decides what the split should presumptively be, the other would have decided how fast you get a temporary ruling.

With SB 1128 dead, the 2023 equal-time-sharing presumption remains the major recent change Florida parents need to understand. Courts still begin from the premise of equal time-sharing and adjust based on the statutory best-interest factors. There is no new fast-track procedure layered on top.

For the firm's core work, uncontested divorce, none of this moves the needle. SB 1128 targeted contested, high-conflict cases where one parent is fighting for access. In an uncontested divorce, both spouses already agree on the parenting plan, file it together, and avoid the contested hearings the bill tried to accelerate. The fastest path to a finalized parenting plan in Florida has always been agreement, not litigation, and that remains true.

Practical Takeaways for Florida Residents

• Do not rely on SB 1128. It is not law. There is no statutory right to a 30-day time-sharing hearing in Florida as of July 2026.
• Current law is F.S. 61.13 plus the 2023 equal-time-sharing presumption (SB 1416). Plan around what exists, not around a bill that died.
• If you and your co-parent agree, file a joint parenting plan. Agreement is the only true "fast track" in Florida family law, and it is what makes an uncontested divorce inexpensive and quick.
• Watch for a 2027 revival. The delay problem is real and the sponsor framed this as the beginning of a longer conversation. A version may return with the fiscal concerns addressed.
• Verify legislative claims before acting. A July 1 effective date printed on a bill is not proof the bill passed. Check the bill's action history or ask a Florida attorney.

If your divorce is uncontested and you both agree on a parenting plan, you do not need to wait on the Legislature. A flat-fee uncontested divorce handles the parenting plan, child support guidelines worksheet, and UCCJEA affidavit as part of the package. Learn how the process works at /services/uncontested, or ask questions directly through Victoria, our AI assistant.

For related reading, see our coverage of how this same bill failed in committee in Florida SB 1128 Dies: After-Hours Time-Sharing Bill Fails, and for parents finalizing a parenting plan by agreement, our Uncontested Divorce Checklist Florida and Uncontested Divorce Final Hearing in Florida.

Legal Disclaimer

This article is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. Legislative status can change; verify the current status of any bill with the Florida Legislature or a licensed Florida attorney before relying on it. For advice about your specific situation, consult a qualified Florida family law attorney.