Florida SB 1128 Did Not Take Effect July 1, 2026

Florida SB 1128 Is Not Law: The July 1, 2026 Effective Date Never Happened

Despite headlines suggesting otherwise, Florida Senate Bill 1128 did not take effect on July 1, 2026. The bill died in the Appropriations Committee on Criminal and Civil Justice on March 13, 2026, and never became law. The "July 1, 2026" date written into the bill text is moot. Florida time-sharing and paternity law on July 1, 2026 is exactly what it was before: governed by F.S. Chapter 61 and Chapter 742.

The News Hook: A Bill That Died, Not a Law That Passed

SB 1128 (filed as CS/SB 1128 after committee substitution) was a 2026 session proposal addressing two family-law topics: it would have required certain time-sharing matters to be given priority on a court's calendar and would have set procedural requirements for evidentiary hearings. Like many bills, it included a standard prospective effective date of July 1, 2026.

That date is what generated confusion. A drafted effective date is not the same as a law. A bill only takes effect if it passes both chambers of the Legislature and is signed by the Governor (or becomes law without signature). SB 1128 cleared none of those hurdles. According to the Florida Senate's own bill history, its last action was: "3/13/2026 Senate - Died in Appropriations Committee on Criminal and Civil Justice."

When a bill dies in committee, the entire bill dies with it, including every date and provision inside it. There is no partial enactment. So as of July 1, 2026, nothing in SB 1128 is part of Florida law.

We have covered this bill's failure before, because the misinformation keeps resurfacing:

• Florida SB 1128 Did Not Take Effect July 1, 2026
• Florida SB 1128 Dies: After-Hours Time-Sharing Bill Fails

Legal Implications: What Actually Governs Time-Sharing in Florida

Because SB 1128 failed, the existing framework continues to control every Florida divorce and paternity case involving children. Here is what that means in practice.

Time-sharing is still decided under F.S. 61.13

Florida courts establish time-sharing through a parenting plan governed by F.S. 61.13. Florida uses the terms "time-sharing" and "parenting plan," not "custody" or "visitation" (see F.S. 61.046). The controlling standard remains the best interests of the child, evaluated against the statutory factors in F.S. 61.13(3).

The 2023 equal time-sharing presumption is unchanged

The most significant recent change to Florida time-sharing law came in 2023, not 2026. Effective July 1, 2023, the Legislature amended F.S. 61.13 to create a rebuttable presumption that equal (50/50) time-sharing is in the best interests of the child. A parent who wants something other than equal time-sharing must rebut that presumption with evidence. SB 1128 did not touch this presumption, so it still stands.

Court scheduling priority is unchanged

The practical promise of SB 1128 was faster calendar treatment for certain time-sharing disputes. Since the bill died, there is no new statutory mandate forcing courts to prioritize those matters. Scheduling continues to be governed by each circuit's existing procedures and the Florida Family Law Rules of Procedure.

Paternity is still governed by Chapter 742

Disestablishment and establishment of paternity continue to run through F.S. Chapter 742. Nothing about how paternity is established, contested, or disestablished changed on July 1, 2026 as a result of SB 1128.

Florida-Specific Analysis: Why This Matters for Real Cases

The gap between what was proposed and what is law is not academic. Parents make decisions based on what they believe the rules are.

Consider a father pursuing a time-sharing schedule in a paternity action. If he relied on a headline claiming SB 1128 took effect, he might expect an expedited hearing that the law does not actually provide. He could miscalibrate his strategy, his timeline, and his expectations.

Florida's actual 2023-2026 reforms remain the operative changes:

• Alimony: The 2023 alimony reform (SB 1416, effective July 1, 2023) eliminated permanent alimony for new cases and restructured awards under F.S. 61.08 into temporary, bridge-the-gap, rehabilitative, and durational types. We break this down in our coverage of Florida appeals courts reversing alimony and property splits.
• Equal time-sharing: The 2023 rebuttable 50/50 presumption under F.S. 61.13 remains in force.
• Equitable distribution: Marital property is still divided under F.S. 61.075, and appellate courts continue to police those divisions, as seen in our 4th DCA interspousal gift and pet property reversal coverage.

For an uncontested divorce, the failure of SB 1128 changes nothing about the process. Spouses who agree on a parenting plan and time-sharing schedule still file under the same forms and the same statutes. If you have minor children, your agreed parenting plan must still comply with F.S. 61.13, and your final hearing follows the same path described in our uncontested divorce final hearing guide.

Practical Takeaways for Florida Residents

• Do not rely on the SB 1128 "July 1, 2026" date. The bill died in committee. It is not law, and no provision inside it applies.
• Time-sharing is still governed by F.S. 61.13, including the 2023 rebuttable presumption of equal time-sharing.
• Paternity is still governed by F.S. Chapter 742. Nothing changed on July 1, 2026.
• Use Florida terminology. Courts and forms use "time-sharing" and "parenting plan," not "custody."
• Verify any law claim at the source. Florida bill status is public at flsenate.gov. A drafted effective date is not proof a bill passed.
• If you and your spouse agree, an uncontested divorce is still available. With minor children, the $750 flat-fee package includes a parenting plan, a child support guidelines worksheet, and a UCCJEA affidavit. The court filing fee (approximately $408 to $410 depending on county, plus a statutory convenience fee on card payments) and notary fees are separate.

If you are filing with children and want help getting the parenting plan right the first time, see our uncontested divorce checklist for Florida and our common mistakes guide.

The Bottom Line

SB 1128 is a cautionary tale about reading past the headline. A bill with a July 1 effective date that dies in March is still a dead bill. Florida's time-sharing and paternity law on July 1, 2026 is the same law that governed it on June 30, 2026. If your case turns on time-sharing priority, equal time-sharing, or paternity, plan around the law that exists, not the law that was proposed.