No, Florida SB 1128 Didn't Pass: The Unwed-Father Mix-Up (2026)
Florida SB 1128 died in committee in March 2026 and never took effect. The unwed-father law people cite is 2023's HB 775. Here's the difference.
Quick answer
Florida SB 1128 did not become law. It died in the Senate Appropriations Committee on Criminal and Civil Justice on March 13, 2026, and its House companion (HB 971) died the same day. No parenting-plan hearing deadlines took effect on July 1, 2026. The unwed-father reform people often confuse it with is a separate, already-enacted 2023 law, HB 775.
The news hook
Headlines and social posts circulating in mid-2026 blended two very different Florida bills into one story: a claim that "SB 1128 fast-tracks parenting plan hearings and unwed father rights, effective July 1, 2026." That single sentence contains two errors.
First, SB 1128 never became law. Second, the unwed-father reform that actually did pass is a different bill from a different year. This post untangles the two so Florida parents rely on the law as it actually stands, not on a merged version that exists nowhere in the statute books.
What SB 1128 (2026) actually proposed and why it never happened
SB 1128 was a 2026 session bill aimed at speeding up parenting-plan and time-sharing proceedings. As filed, it would have directed courts to prioritize certain family-law matters and, absent good cause, to hold hearings on temporary parenting arrangements within tighter windows, with an expedited track for emergency time-sharing enforcement.
Those were proposals, not law. The bill cleared the Senate Judiciary Committee on February 10, 2026, on an 11-0 vote, then stalled. On March 13, 2026, it died in the Appropriations Committee on Criminal and Civil Justice. The House companion, HB 971, died the same day in the Civil Justice and Claims Subcommittee. Because the bill never reached the Governor's desk, there was nothing to sign and nothing to take effect. The July 1, 2026 date printed in the draft was only the effective date it would have carried if enacted.
We have covered this outcome from several angles already:
- SB 1128 Died: Florida Time-Sharing Law Unchanged (2026)
- Florida SB 1128 Did Not Take Effect: No Priority Time-Sharing (2026)
- Florida SB 1128 Time-Sharing Hearing Bill Died (2026)
The bill people are actually thinking of: 2023's HB 775
The "unwed fathers" reform that genuinely exists is HB 775, the measure sometimes called the Good Dad Act. Governor DeSantis signed it on June 9, 2023, and it took effect July 1, 2023, nearly three years before the 2026 SB 1128 confusion.
HB 775 changed how unmarried fathers establish legal standing. Before it, an unwed father generally had no automatic parental rights until he took affirmative legal steps, and the mother was the natural guardian of a child born out of wedlock. HB 775 created a path for an unmarried father whose paternity is legally established to stand on more equal footing regarding time-sharing and parental responsibility, rather than starting from a legal disadvantage. It amended provisions in Chapter 742, Florida Statutes, which governs the determination of paternity.
That is a real, in-force change. But it is not SB 1128, it is not new in 2026, and it did not create any 30-day parenting-plan hearing deadline.
Florida-specific analysis: what the statute actually says today
Because SB 1128 failed, the governing framework for parenting plans and time-sharing remains the existing statute, principally F.S. 61.13, which requires a parenting plan in any case involving time-sharing with a minor child and directs courts to decide time-sharing according to the best interests of the child. Florida law uses the terms time-sharing and parental responsibility; it does not use custody or visitation.
The 2023 time-sharing reforms in SB 1416 also remain the most recent major change to this area. SB 1416 created a rebuttable presumption that equal, or 50/50, time-sharing is in the best interests of the child, shifting the analysis courts apply. Nothing in the failed SB 1128 altered SB 1416.
For unmarried parents, paternity is still governed by Chapter 742, as amended by the 2023 HB 775. There is no 2026 overlay speeding up those hearings, because SB 1128, which would have touched paternity timelines, did not pass.
In short, the law a Florida parent operates under in 2026 is: F.S. 61.13 for parenting plans, SB 1416's 2023 equal-time-sharing presumption, and Chapter 742 with the 2023 HB 775 amendments for unwed fathers. SB 1128 adds nothing.
Practical takeaways for Florida residents
- Do not rely on a 30-day parenting-plan hearing deadline. It was proposed in SB 1128, which died. Your county's normal scheduling still applies.
- If you are an unmarried father, your rights flow from establishing paternity under Chapter 742 and the 2023 HB 775, not from any 2026 bill.
- The 50/50 time-sharing presumption you may have heard about is real, but it comes from 2023's SB 1416, not SB 1128.
- Verify any "new law" claim against the bill's official status page before acting on it. A bill that died in committee changes nothing.
If you and your spouse agree on the terms of your divorce, including a parenting plan, an uncontested divorce is the fastest and lowest-cost path in Florida. Our firm handles uncontested divorces for a $750 flat attorney fee (court filing fees are separate). You can learn how the process works in our guides:
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Frequently asked questions
Did Florida SB 1128 take effect on July 1, 2026?
No. SB 1128 died in the Senate Appropriations Committee on Criminal and Civil Justice on March 13, 2026, and never became law. July 1, 2026 was only the effective date it would have carried if it had passed. It did not.
Is there a new Florida law giving unwed fathers custody rights in 2026?
No new 2026 law did that. The unwed-father reform people usually mean is HB 775, signed June 9, 2023, effective July 1, 2023. It changed how unmarried fathers establish paternity and parental standing under Chapter 742, Florida Statutes.
Does Florida now require a parenting-plan hearing within 30 days?
No. That 30-day requirement was a proposal in the failed SB 1128. Because the bill died, no such deadline exists. Parenting-plan matters proceed under F.S. 61.13 and your circuit's normal scheduling.
What is the current Florida law on equal time-sharing?
Florida applies a rebuttable presumption that equal, 50/50 time-sharing is in the best interests of the child. That presumption came from SB 1416 in 2023, not from SB 1128.
Why do people keep confusing SB 1128 with the unwed-fathers law?
Both touch parental rights and paternity, and a widely shared draft headline merged the failed 2026 SB 1128 with the enacted 2023 HB 775 into one story. They are separate bills from separate years with different outcomes.
Legal disclaimer
This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Laws change and their application varies by individual circumstances. For advice about your specific situation, consult a licensed Florida attorney. Antonio G. Jimenez, Esq., Florida Bar No. 21022.
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About the Author

Antonio G. Jimenez, Esq.
Florida attorney since 2006 · Florida Bar #21022 · LL.M. Trial Advocacy
Antonio is the founder of FloridaDivorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
Have questions? Ask Victoria AIFrequently Asked Questions
Did Florida SB 1128 take effect on July 1, 2026?
No. SB 1128 died in the Senate Appropriations Committee on Criminal and Civil Justice on March 13, 2026, and never became law. July 1, 2026 was only the effective date it would have carried if it had passed.
Is there a new Florida law giving unwed fathers custody rights in 2026?
No new 2026 law did that. The unwed-father reform people usually mean is HB 775, signed June 9, 2023, effective July 1, 2023, which changed how unmarried fathers establish paternity and parental standing under Chapter 742, Florida Statutes.
Does Florida now require a parenting-plan hearing within 30 days?
No. That 30-day requirement was a proposal in the failed SB 1128. Because the bill died, no such deadline exists. Parenting-plan matters proceed under F.S. 61.13 and your circuit's normal scheduling.
What is the current Florida law on equal time-sharing?
Florida applies a rebuttable presumption that equal, 50/50 time-sharing is in the best interests of the child. That presumption came from SB 1416 in 2023, not from SB 1128.
Why do people keep confusing SB 1128 with the unwed-fathers law?
Both touch parental rights and paternity, and a widely shared draft headline merged the failed 2026 SB 1128 with the enacted 2023 HB 775 into one story. They are separate bills from separate years with different outcomes.
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