THE BILL ITSELF
HB 971
Family Law
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A bill to be entitled
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An act relating to family law; amending s. 26.20,
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F.S.; requiring that at least one judge be available
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in each judicial circuit on weekends, holidays, and
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after hours on weekdays to hear motions to enforce
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certain orders and agreements; requiring a chief judge
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to assign a circuit judge to be available for certain
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hearings; amending s. 61.13, F.S.; requiring that
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certain time-sharing matters be accorded priority on a
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court's calendar; providing procedural requirements
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for evidentiary hearings on pleadings seeking
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temporary parental responsibility and time-sharing
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schedules and on motions to enforce compliance with
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existing time-sharing orders or agreements; amending
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s. 742.031, F.S.; requiring a court to issue upon
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motion by a party, rather than authorizing the court
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to make a determination of, appropriate parenting
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plans in certain proceedings; deleting provisions
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requiring the obligee parent to receive, or the mother
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to be presumed to have, all time-sharing and sole
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parental responsibility under certain circumstances;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 26.20, Florida Statutes, is amended to
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read:
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26.20 Availability of judge for hearings.—At least one
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circuit judge in each circuit must be available at all times to
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hold and conduct hearings with limited notice. In each circuit,
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there must be at least one judge available on Saturdays,
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Sundays, holidays, and after hours on weekdays to hear motions
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for a temporary injunction ex parte in domestic violence cases
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and motions to enforce time-sharing orders issued or agreements
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entered into pursuant to s. 61.13 or s. 742.031. The chief judge
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shall may assign a judge for this purpose.
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Section 2. Subsection (10) is added to section 61.13,
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Florida Statutes, to read:
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61.13 Support of children; parenting and time-sharing;
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powers of court.—
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(10) The following time-sharing matters must be accorded
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priority on the court's calendar:
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(a) An evidentiary hearing on an initial pleading seeking
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temporary parental responsibility and time-sharing schedule not
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agreed to by the parties. Each parent must file a proposed
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temporary parenting plan with the clerk of the court as part of
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his or her initial pleading seeking temporary affirmative
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relief. Portions of the proposed temporary parenting plans which
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are in agreement with each other must be adopted as a voluntary
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agreed schedule between the parents before an evidentiary
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hearing. Absent good cause, the court shall set a hearing on the
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contested issues within 30 days after the pleading is filed. The
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court may not refer the parties to mediation as a condition
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precedent to the court holding a hearing unless the court has
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the consent of both parties. The court shall issue an order on
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temporary parental responsibility and time-sharing within 30
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days after the evidentiary hearing.
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(b) An evidentiary hearing on a motion to enforce
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compliance with an existing time-sharing order or agreement. The
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court shall set a hearing on a motion seeking to enforce
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compliance with an existing time-sharing order or agreement
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within 5 business days after the motion is filed. If the judge
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assigned to the case is not able to conduct the hearing within 5
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business days, a judge who is available pursuant to s. 26.20
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must hold the hearing, which may occur during regular business
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hours, on a Saturday, Sunday, or holiday, or after hours on a
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weekday.
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Section 3. Subsections (3) and (4) of section 742.031,
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Florida Statutes, are renumbered as subsections (2) and (3),
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respectively, and subsection (1) and present subsection (2) are
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amended to read:
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742.031 Hearings; court orders for support, hospital
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expenses, and attorney fees.—
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(1) Hearings for the purpose of establishing or refuting
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the allegations of the complaint and answer must be held in the
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chambers and may be restricted to persons, in addition to the
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parties involved and their counsel, as the judge in his or her
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discretion may direct. The court shall determine the issues of
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paternity of the child and the ability of the parents to support
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the child. Each party's social security number must be recorded
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in the file containing the adjudication of paternity. If the
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court finds that the alleged father is the father of the child,
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it must so order. If appropriate, the court may order the father
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to pay the complainant, her guardian, or any other person
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assuming responsibility for the child moneys sufficient to pay
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reasonable attorney fees, hospital or medical expenses, cost of
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confinement, and any other expenses incident to the birth of the
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child and to pay all costs of the proceeding. Bills for
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pregnancy, childbirth, and scientific testing are admissible as
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evidence without requiring third-party foundation testimony and
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constitute prima facie evidence of amounts incurred for such
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services or for testing on behalf of the child. The court shall
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order either or both parents owing a duty of support to the
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child to pay support under chapter 61. The court must issue,
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upon motion by a party, a temporary order requiring child
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support for a minor child under s. 61.30 pending an
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administrative or judicial determination of parentage if there
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is clear and convincing evidence of paternity on the basis of
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genetic tests or other evidence. The court shall, upon motion by
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a party, issue may also make a determination of an appropriate
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parenting plan, including a time-sharing schedule, in accordance
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with chapter 61.
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(2) If a judgment of paternity contains only a child
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support award with no parenting plan or time-sharing schedule,
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the obligee parent shall receive all of the time-sharing and
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sole parental responsibility without prejudice to the obligor
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parent. If a paternity judgment contains no such provisions, the
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mother shall be presumed to have all of the time-sharing and
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sole parental responsibility.
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Section 4. This act shall take effect July 1, 2026.