Florida Senate - 2026 SB 1730 By Senator Rodriguez 40-00533-26 20261730__ Page 1 of 26 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to child welfare; amending s. 39.01, 2 F.S.; revising the definition of the term “abuse”; 3 amending s. 39.205, F.S.; deleting a provision 4 exempting a judge subject to discipline under the 5 State Constitution from criminal prosecution under 6 certain circumstances; amending s. 61.046, F.S.; 7 revising the definition of the term “parenting plan”; 8 creating s. 61.46, F.S.; defining the term “emergency 9 hearing”; authorizing interested parties to file 10 motions requesting emergency hearings to resolve 11 certain custody or visitation disputes; providing 12 requirements for the motion; requiring a court to 13 immediately review such motion; requiring a court to 14 hold an emergency hearing within a specified period 15 under certain circumstances; requiring a court to give 16 all parties to an emergency hearing certain notice; 17 authorizing a court to issue certain temporary orders 18 during an emergency hearing; requiring a court to hold 19 a full hearing on the merits within a specified period 20 after an emergency hearing; authorizing a court to 21 award sufficient makeup time to a custodial parent and 22 consider additional remedies and sanctions under 23 certain circumstances; amending s. 741.28, F.S.; 24 revising the definition of the term “domestic 25 violence”; amending s. 787.01, F.S.; revising the 26 definition of the term “kidnapping”; amending s. 27 787.03, F.S.; providing legislative intent; defining 28 the term “lawful custody or visitation”; prohibiting 29

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 2 of 26 CODING: Words stricken are deletions; words underlined are additions. the infringement of the right of each parent or legal 30 guardian to lawful custody or visitation without due 31 process and a certain court order; prohibiting an 32 individual from interfering with a parent’s or legal 33 guardian’s lawful custody or visitation by taking an 34 action that keeps a minor or vulnerable adult from the 35 parent or legal guardian; providing criminal 36 penalties; providing that certain court orders do not 37 legitimize certain acts; requiring law enforcement 38 officers to investigate certain reports; authorizing 39 law enforcement officers to locate minors and 40 vulnerable adults and assist parents and legal 41 guardians seeking to enforce certain rights; 42 prohibiting law enforcement officers from taking 43 certain actions; requiring a law enforcement officer 44 concluding an investigation to provide certain notice 45 to the initiating parent or legal guardian and an 46 affidavit that includes certain information to the 47 state attorney’s office and the officer’s supervisor; 48 requiring that certain documents be filed and 49 electronically maintained in a certain manner; 50 specifying that the venue for prosecution of certain 51 violations is in a certain county; authorizing law 52 enforcement officers to enter certain identifying 53 information into certain databases and seek warrants 54 for recovery of minors and vulnerable adults; 55 providing a specified defense to certain violations; 56 providing a certain presumption; requiring the 57 Department of Law Enforcement to create and distribute 58

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 3 of 26 CODING: Words stricken are deletions; words underlined are additions. a certain model protocol and training materials; 59 requiring law enforcement agencies to adopt written 60 policies for a certain purpose and conduct certain 61 annual training; amending s. 827.03, F.S.; revising 62 the definition of the term “child abuse”; amending s. 63 910.14, F.S.; providing that a person who violates 64 certain provisions may be tried in any county in which 65 the person’s victim has been taken or confined during 66 the course of the offense; amending s. 937.0201, F.S.; 67 revising the definition of the term “missing child”; 68 reenacting ss. 61.125(4)(b), 61.13(2)(c), 61.401, 69 61.402(3), 95.11(8), 390.01114(2)(b), 393.067(4)(g), 70 744.309(3), 984.03(2), 1001.42(8)(c), F.S., relating 71 to parenting coordination; support of children, 72 parenting and time-sharing, and powers of court; 73 appointment of guardian ad litem; qualifications of 74 guardians ad litem; limitations other than for the 75 recovery of real property; the Parental Notice of and 76 Consent for Abortion Act; facility licensure; who may 77 be appointed guardian of a resident ward;

definitions; 78 and powers and duties of a district school board, 79 respectively, to incorporate the amendment made to s. 80 39.01, F.S., in references thereto; providing an 81 effective date. 82 83 Be It Enacted by the Legislature of the State of Florida: 84 85

Section 1. Subsection (2) of

section 39.01, Florida 86 Statutes, is amended to read: 87

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 4 of 26 CODING: Words stricken are deletions; words underlined are additions. 39.01

Definitions.—When used in this chapter, unless the 88 context otherwise requires: 89 (2) “Abuse” means any willful act or threatened act that 90 results in any physical, mental, or sexual abuse, injury, or 91 harm that causes or creates a substantial risk of significant 92 impairment to is likely to cause the child’s physical, mental, 93 or emotional health.

The term includes any direct or indirect 94 action or omission that impacts the child’s well-being, 95 regardless of whether the child recognizes or understands that 96 the action or omission is abusive or whether the action or 97 omission results in actual injury; to be significantly impaired. 98 Abuse of a child includes the birth of a new child into a family 99 during the course of an open dependency case when the parent or 100 caregiver has been determined to lack the protective capacity to 101 safely care for the children in the home and has not 102 substantially complied with the case plan towards successful 103 reunification or met the conditions for return of the children 104 into the home; and any violation of s. 787.03, relating to 105 interference with custody.

Whether a willful act or threatened 106 act is abuse depends upon the nature of the act or threat, 107 regardless of the outcome of the act or threat. Abuse of a child 108 includes acts or omissions. Corporal discipline of a child by a 109 parent or legal custodian for disciplinary purposes does not in 110 itself constitute abuse when it does not result in harm to the 111 child. 112

Section 2. Subsection (1) of

section 39.205, Florida 113 Statutes, is amended to read: 114 39.205 Penalties relating to reporting of child abuse, 115 abandonment, or neglect.— 116

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(1) A person who knowingly and willfully fails to report to 117 the central abuse hotline known or suspected child abuse, 118 abandonment, or neglect, or who knowingly and willfully prevents 119 another person from doing so, commits a felony of the third 120 degree, punishable as provided in s. 775.082, s. 775.083, or s. 121 775.084. A judge subject to discipline pursuant to s. 12, Art. V 122 of the State Constitution may not be subject to criminal 123 prosecution when the information was received in the course of 124 official duties. 125

Section 3. Paragraph (

a) of subsection (14) of

section 126 61.046, Florida Statutes, is amended to read: 127 61.046

Definitions.—As used in this chapter, the term: 128 (14) “Parenting plan” means a document created to govern 129 the relationship between the parents relating to decisions that 130 must be made regarding the minor child and must contain a time-131 sharing

schedule for the parents and child. The issues 132 concerning the minor child may include, but are not limited to, 133 the child’s education, health care, and physical, social, and 134 emotional well-being. In creating the plan, all circumstances 135 between the parents, including their historic relationship, 136 domestic violence, and other factors must be taken into 137 consideration. 138 (

a) The parenting plan must be: 139 1.a. Be developed and agreed to by the parents and approved 140 by a court; or 141 b.2. Be established by the court, with or without the use 142 of a court-ordered parenting plan recommendation, if the parents 143 cannot agree to a plan or the parents agreed to a plan that is 144 not approved by the court; and 145

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 6 of 26 CODING: Words stricken are deletions; words underlined are additions. 2. Include a statement that, in accordance with s. 787.03, 146 law enforcement officers shall investigate all reported 147 instances of interference with custody and are authorized to 148 locate the child, accompany a parent seeking to enforce lawful 149 custody or visitation rights, and assist a parent in enforcing 150 lawful custody or visitation rights. 151

Section

Section 61.46, Florida Statutes, is created to 152 read: 153 61.46 Emergency hearings in custody and visitation 154 disputes.— 155

(1) DEFINITION.—For purposes of this section, the term 156 “emergency hearing” means an expedited judicial proceeding to 157 address an urgent issue posing a threat of imminent or 158 irreparable harm to a child or vulnerable adult, including, but 159 not limited to, interference with lawful custody or visitation 160 as defined in s. 787.03, which proceeding is intended to provide 161 temporary relief pending a full adjudication of the issue on its 162 merits. 163

(2) CRITERIA.— 164 (

a) An interested party may file a motion with a court of 165 appropriate jurisdiction requesting an emergency hearing to 166 resolve a custody or visitation dispute that includes any of the 167 following circumstances: 168 1. A verified violation of s. 741.28, s. 827.03, or s. 169 787.03 exists, creating a credible threat to the physical or 170 emotional well-being of a child or vulnerable adult. 171 2. Immediate action is necessary to prevent significant 172 financial or custodial harm. 173 3. A child or vulnerable adult has been unlawfully removed, 174

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 7 of 26 CODING: Words stricken are deletions; words underlined are additions. concealed, withheld, or relocated by a parent or caregiver in 175 violation of a court order, shared parenting plan, or applicable 176 law, where delay would endanger the child’s physical or 177 emotional well-being or substantially impair the parent-child 178 relationship. 179 4. A child or vulnerable adult faces imminent abuse or harm 180 as defined in s. 39.01(2) and (37), respectively. 181 (

b) The motion must include a sworn affidavit specifying 182 the alleged violation and urgent need for judicial intervention, 183 which provides: 184 1. Evidence of a breached court order or parenting plan 185 concerning custody or visitation; or 186 2. A description of the actions by the alleged offender 187 which interfere with established custody or visitation rights. 188

(3) EMERGENCY HEARING.— 189 (

a) The court shall immediately review motions received 190 pursuant to this section. If the court determines that any of 191 the circumstances listed in paragraph (2)(

a) exist, the court 192 must hold an emergency hearing within 3 business days. 193 (

b) The court shall give all parties to the emergency 194 hearing prompt notice of the time and place of the emergency 195 hearing. 196 (

c) During the emergency hearing, the court may issue 197 temporary orders to protect the child or vulnerable adult, 198 including, but not limited to, orders that do any of the 199 following: 200 1. Adjust custody or visitation arrangements. 201 2. Direct the prompt return of the child or vulnerable 202 adult to the lawful custodian. 203

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 8 of 26 CODING: Words stricken are deletions; words underlined are additions. 3. Order law enforcement to enforce the orders of the 204 court, including, if necessary, supervised return. 205

(4) FULL HEARING.—A full hearing on the merits must occur 206 within 30 calendar days after an emergency hearing to assess 207 allegations and establish long-term custody or visitation 208 arrangements. A temporary order issued during an emergency 209 hearing remains in effect until modified by order of the court 210 during a full hearing. 211

(5) MAKEUP TIME AND ADDITIONAL REMEDIES.—If the court finds 212 at a full hearing that a parent unreasonably refused to honor a 213 time-sharing agreement in the parenting plan, the court must do 214 all of the following: 215 (

a) Award sufficient makeup time to the parent whose 216 custodial time was denied, pursuant to s. 61.13(4)(c). 217 (

b) Consider additional remedies and sanctions, including, 218 but not limited to, fines, community service, and supervised 219 visitation, to deter future violations and protect the integrity 220 of the court-ordered parenting plan or time-sharing agreement. 221

Section 5. Subsection (2) of

section 741.28, Florida 222 Statutes, is amended to read: 223 741.28 Domestic violence;

definitions.—As used in ss. 224 741.28-741.31: 225 (2) “Domestic violence” means any assault, aggravated 226 assault, battery, aggravated battery, sexual assault, sexual 227 battery, stalking, aggravated stalking, kidnapping as defined in 228 s. 787.01, false imprisonment as defined in s. 787.02, 229 interference with lawful custody or visitation as defined in s. 230 787.03, or any other criminal offense resulting in physical 231 injury or death of one family or household member by another 232

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 9 of 26 CODING: Words stricken are deletions; words underlined are additions. family or household member. The term includes interference with 233 lawful custody or visitation which occurs through the taking or 234 retaining by one family or household member of another family or 235 household member who is a minor or vulnerable adult before the 236 entry of a court order or agreed-upon parenting plan 237 establishing lawful custody or visitation. 238

Section 6. Subsection (1) of

section 787.01, Florida 239 Statutes, is amended to read: 240 787.01 Kidnapping; kidnapping of child under age 13 or 241 vulnerable adult, aggravating circumstances.— 242 (1)(

a) The term “kidnapping” means forcibly, secretly, or 243 by threat confining, abducting, or imprisoning another person 244 against her or his will and without lawful authority, when such 245 conduct involves any of the following with intent to: 246 1. Holding such person Hold for ransom or reward or as a 247 shield or hostage. 248 2. Committing or facilitating the Commit or facilitate 249 commission of any felony. 250 3. Inflicting Inflict bodily harm upon or terrorizing to 251 terrorize the victim or another person. 252 4.

Interfering Interfere with the performance of any 253 governmental or political function. 254 5. Interfering with lawful custody or visitation as defined 255 in s. 787.03. 256 (

b) The confinement, abduction, or imprisonment of a child 257 under the age of 13 or a vulnerable adult is against her or his 258 will within the meaning of this subsection if such confinement, 259 abduction, or imprisonment is without the consent of all of her 260 or his parents parent or legal guardians guardian. 261

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Section

Section 787.03, Florida Statutes, is amended to 262 read: 263 (Substantial rewording of section. See 264 s. 787.03, F.S., for present text.) 265 787.03 Interference with lawful custody or visitation; 266 defenses; penalties.— 267

(1) It is the intent of the Legislature that interference 268 with lawful custody or visitation be treated as a criminal act 269 rather than as a private matter. 270

(2) As used in this section, the term “lawful custody or 271 visitation” means the rights of a parent or legal guardian to 272 the care, control, and companionship of a minor or vulnerable 273 adult, whether arising by statute, consistent with a court 274 order, or by operation of law, including the right to all of the 275 following: 276 (

a) Communicate between the minor or vulnerable adult and 277 the other parent or legal guardian in person, by telephone, 278 text, video call, e-mail, or other electronic means without 279 interference. 280 (

b) Have physical access to the minor or vulnerable adult 281 during court-ordered or agreed-upon custody or visitation 282 periods without denial or limitation. 283 (

c) Participate in timely custody exchanges, visitation, or 284 parenting time without delay or absence, except when reasonable 285 notice or a verifiable lawful excuse exists. 286 (

d) Be free from allegations of abuse, neglect, or other 287 misconduct which are unfounded, unsubstantiated, or without 288 probable cause, and which have the effect of disrupting, 289 delaying, or otherwise undermining the lawful custody or 290

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 11 of 26 CODING: Words stricken are deletions; words underlined are additions. visitation of a parent or legal guardian. 291

(3) The right of each parent or legal guardian to lawful 292 custody or visitation may not be infringed without due process 293 and a valid court order expressly removing or restricting such 294 lawful custody or visitation. 295

(4) An individual, including a parent or legal guardian, 296 may not interfere with a parent or legal guardian’s lawful 297 custody or visitation, or cause another person to so interfere, 298 by taking, enticing, inviting, concealing, or withholding a 299 minor or vulnerable adult from a parent or legal guardian, or by 300 taking any other action that keeps a minor or vulnerable adult 301 from a parent or legal guardian. An individual who violates this 302 subsection commits a felony of the third degree, punishable as 303 provided in s. 775.082, s. 775.083, or s. 775.084. 304

(5) A court order obtained for lawful custody or visitation 305 after a violation of this

section has occurred does not 306 legitimize the violation. 307

(6) Law enforcement officers shall investigate all reported 308 violations of this section. As part of such investigation: 309 (

a) Law enforcement officers may do all of the following: 310 1. Locate minors and vulnerable adults. 311 2. Accompany and assist parents and legal guardians seeking 312 to enforce lawful custody or visitation rights. 313 (

b) Law enforcement officers may not do any of the 314 following: 315 1. Adjudicate the merits of custody or visitation disputes. 316 2. Consider the preferences of a minor or vulnerable adult. 317 3. Decline to enforce this

section on the basis that a 318 civil proceeding is pending. 319

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 12 of 26 CODING: Words stricken are deletions; words underlined are additions. 4. Remove a minor or vulnerable adult from a parent or 320 guardian if doing so would cause physical injury to the minor or 321 vulnerable adult. 322 (7)(

a) Upon concluding an investigation conducted under 323 this section, the law enforcement officer shall do all of the 324 following: 325 1. Immediately provide the parent or legal guardian who 326 initiated the investigation with written notice of the legal 327 rights and remedies specified in the notice required under s. 328 741.29(1)(d). 329 2. If he or she determines that probable cause for arrest 330 does not exist, the officer must prepare a detailed affidavit 331 and promptly submit it to the state attorney’s office and the 332 officer’s supervisor for review.

At a minimum, the affidavit 333 must include all of the following: 334 a. The names, ages, genders, and relationships of all minor 335 children and vulnerable adults involved. 336 b. Copies of any parenting plan, court order, or other 337 agreement determining lawful custody and visitation. 338 c. Copies of any witness statement obtained during the 339 investigation. 340 d. A written explanation of his or her basis for 341 determining that probable cause for arrest does not exist. 342 (

b) All documents related to an investigation under this 343

section must be filed and electronically maintained in 344 accordance with s. 943.1702. 345

(8) Venue for prosecution of a violation of subsection (4) 346 is the county in which the law, court order, or agreed-upon 347 parenting plan requires the minor or vulnerable adult to reside, 348

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 13 of 26 CODING: Words stricken are deletions; words underlined are additions. be present, or be delivered at the time of the violation, 349 regardless of the actual location of the minor or vulnerable 350 adult. 351

(9) Law enforcement officers may enter the identifying 352 information of a minor or vulnerable adult who is the subject of 353 an agreed-upon parenting plan, a court order, or an 354 investigation under this

section into state and federal missing-355 child databases and may seek warrants for the recovery of the 356 minor or vulnerable adult consistent with ss. 61.501–61.542. 357

(10) It is a defense to a violation of subsection (4) if 358 the defendant establishes, by clear and convincing evidence, 359 that the actions were necessary to protect the minor, vulnerable 360 adult, or himself or herself from imminent harm, provided that 361 the defendant files a complaint with law enforcement in the 362 county in which the minor or vulnerable adult resided at the 363 time of the taking or withholding as soon as is reasonably 364 practicable within 24 hours after the taking or withholding. 365 This defense is barred if a complaint is not filed within 24 366 hours after the taking or withholding. 367

(11) Proof that a person has not attained 18 years of age 368 creates the presumption that the defendant knew the minor’s age 369 or acted in reckless disregard thereof. 370

(12) The Department of Law Enforcement shall create and 371 distribute a model protocol and training materials to law 372 enforcement agencies for enforcing lawful custody or visitation. 373 Each law enforcement agency shall adopt written policies for 374 responding to interference with lawful custody or visitation and 375 conduct annual training for law enforcement personnel and victim 376 advocates. 377

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Section 8. Paragraph (

b) of subsection (1) of

section 378 827.03, Florida Statutes, is amended to read: 379 827.03 Abuse, aggravated abuse, and neglect of a child; 380 penalties.— 381

(1) DEFINITIONS.—As used in this section, the term: 382 (b) “Child abuse” means: 383 1. Intentional infliction of physical or mental injury upon 384 a child; 385 2. An intentional act that could reasonably be expected to 386 result in physical or mental injury to a child; or 387 3. Active encouragement of any person to commit

an act that 388 results or could reasonably be expected to result in physical or 389 mental injury to a child; or 390 4. A violation of s. 787.03, relating to interference with 391 lawful custody or visitation. 392

Section

Section 910.14, Florida Statutes, is amended to 393 read: 394 910.14 Kidnapping.—A person who commits an offense provided 395 for in s. 787.01, or s. 787.02, s. 787.03, or s. 787.04 may be 396 tried in any county in which the person’s victim has been taken 397 or confined during the course of the offense. 398

Section 10. Subsection (3) of

section 937.0201, Florida 399 Statutes, is amended to read: 400 937.0201

Definitions.—As used in this chapter, the term: 401 (3) “Missing child” means a person younger than 18 years of 402 age whose temporary or permanent residence or last known 403 location was is in, or is believed to be in, this state, whose 404 location is unknown to at least one parent or legal guardian 405 with lawful custody or visitation as defined in s. 787.03 has 406

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 15 of 26 CODING: Words stricken are deletions; words underlined are additions. not been determined, and who has been reported as missing to a 407 law enforcement agency. The term includes a person younger than 408 18 years of age who is withheld in violation of a parenting 409 plan, a court order, or applicable law, including through 410 conduct that violates s. 787.01(1)(

b) or s. 787.03. 411

Section 11. For the purpose of incorporating the amendment 412 made by this act to

section 39.01, Florida Statutes, in a 413 reference thereto, paragraph (

b) of subsection (4) of

section 414 61.125, Florida Statutes, is reenacted to read: 415 61.125 Parenting coordination.— 416

(4) DOMESTIC VIOLENCE ISSUES.— 417 (

b) In determining whether there has been a history of 418 domestic violence, the court shall consider whether a party has 419 committed

an act of domestic violence as defined s. 741.28, or 420 child abuse as defined in s. 39.01, against the other party or 421 any member of the other party’s family; engaged in a pattern of 422 behaviors that exert power and control over the other party and 423 that may compromise the other party’s ability to negotiate a 424 fair result; or engaged in behavior that leads the other party 425 to have reasonable cause to believe he or she is in imminent 426 danger of becoming a victim of domestic violence. The court 427 shall consider and evaluate all relevant factors, including, but 428 not limited to, the factors listed in s. 741.30(6)(b). 429

Section 12. For the purpose of incorporating the amendment 430 made by this act to

section 39.01, Florida Statutes, in a 431 reference thereto, paragraph (

c) of subsection (2) of

section 432 61.13, Florida Statutes, is reenacted to read: 433 61.13 Support of children; parenting and time-sharing; 434 powers of court.— 435

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 16 of 26 CODING: Words stricken are deletions; words underlined are additions. (2) 436 (

c) The court shall determine all matters relating to 437 parenting and time-sharing of each minor child of the parties in 438 accordance with the best interests of the child and in 439 accordance with the Uniform Child Custody Jurisdiction and 440 Enforcement Act, except that modification of a parenting plan 441 and time-sharing

schedule requires a showing of a substantial 442 and material change of circumstances. 443 1. It is the public policy of this state that each minor 444 child has frequent and continuing contact with both parents 445 after the parents separate or the marriage of the parties is 446 dissolved and to encourage parents to share the rights and 447 responsibilities, and joys, of childrearing. Unless otherwise 448 provided in this

section or agreed to by the parties, there is a 449 rebuttable presumption that equal time-sharing of a minor child 450 is in the best interests of the minor child. To rebut this 451 presumption, a party must prove by a preponderance of the 452 evidence that equal time-sharing is not in the best interests of 453 the minor child. Except when a time-sharing

schedule is agreed 454 to by the parties and approved by the court, the court must 455 evaluate all of the factors set forth in subsection (3) and make 456 specific written findings of fact when creating or modifying a 457 time-sharing schedule. 458 2. The court shall order that the parental responsibility 459 for a minor child be shared by both parents unless the court 460 finds that shared parental responsibility would be detrimental 461 to the child. In determining detriment to the child, the court 462 shall consider: 463 a. Evidence of domestic violence, as defined in s. 741.28; 464

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 17 of 26 CODING: Words stricken are deletions; words underlined are additions. b. Whether either parent has or has had reasonable cause to 465 believe that he or she or his or her minor child or children are 466 or have been in imminent danger of becoming victims of

an act of 467 domestic violence as defined in s. 741.28 or sexual violence as 468 defined in s. 784.046(1)(

c) by the other parent against the 469 parent or against the child or children whom the parents share 470 in common regardless of whether a cause of action has been 471 brought or is currently pending in the court; 472 c. Whether either parent has or has had reasonable cause to 473 believe that his or her minor child or children are or have been 474 in imminent danger of becoming victims of

an act of abuse, 475 abandonment, or neglect, as those terms are defined in s. 39.01, 476 by the other parent against the child or children whom the 477 parents share in common regardless of whether a cause of action 478 has been brought or is currently pending in the court; and 479 d. Any other relevant factors. 480 3. The following evidence creates a rebuttable presumption 481 that shared parental responsibility is detrimental to the child: 482 a. A parent has been convicted of a misdemeanor of the 483 first degree or higher involving domestic violence, as defined 484 in s. 741.28 and

chapter 775; 485 b. A parent meets the criteria of s. 39.806(1)(d); or 486 c. A parent has been convicted of or had adjudication 487 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and 488 at the time of the offense: 489 (

I) The parent was 18 years of age or older. 490 (II) The victim was under 18 years of age or the parent 491 believed the victim to be under 18 years of age. 492 493

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 18 of 26 CODING: Words stricken are deletions; words underlined are additions. If the presumption is not rebutted after the convicted parent is 494 advised by the court that the presumption exists, shared 495 parental responsibility, including time-sharing with the child, 496 and decisions made regarding the child, may not be granted to 497 the convicted parent. However, the convicted parent is not 498 relieved of any obligation to provide financial support.

If the 499 court determines that shared parental responsibility would be 500 detrimental to the child, it may order sole parental 501 responsibility and make such arrangements for time-sharing as 502 specified in the parenting plan as will best protect the child 503 or abused spouse from further harm. Whether or not there is a 504 conviction of any offense of domestic violence or child abuse or 505 the existence of an injunction for protection against domestic 506 violence, the court shall consider evidence of domestic violence 507 or child abuse as evidence of detriment to the child. 508 4.

In ordering shared parental responsibility, the court 509 may consider the expressed desires of the parents and may grant 510 to one party the ultimate responsibility over specific aspects 511 of the child’s welfare or may divide those responsibilities 512 between the parties based on the best interests of the child. 513 Areas of responsibility may include education, health care, and 514 any other responsibilities that the court finds unique to a 515 particular family. 516 5.

The court shall order sole parental responsibility for a 517 minor child to one parent, with or without time-sharing with the 518 other parent if it is in the best interests of the minor child. 519 6. There is a rebuttable presumption against granting time-520 sharing with a minor child if a parent has been convicted of or 521 had adjudication withheld for an offense enumerated in s. 522

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 19 of 26 CODING: Words stricken are deletions; words underlined are additions. 943.0435(1)(h)1.a., and at the time of the offense: 523 a. The parent was 18 years of age or older. 524 b. The victim was under 18 years of age or the parent 525 believed the victim to be under 18 years of age. 526 527 A parent may rebut the presumption upon a specific finding in 528 writing by the court that the parent poses no significant risk 529 of harm to the child and that time-sharing is in the best 530 interests of the minor child.

If the presumption is rebutted, 531 the court must consider all time-sharing factors in subsection 532 (3) when developing a time-sharing schedule. 533 7. Access to records and information pertaining to a minor 534 child, including, but not limited to, medical, dental, and 535 school records, may not be denied to either parent. Full rights 536 under this subparagraph apply to either parent unless a court 537 order specifically revokes these rights, including any 538 restrictions on these rights as provided in a domestic violence 539 injunction.

A parent having rights under this subparagraph has 540 the same rights upon request as to form, substance, and manner 541 of access as are available to the other parent of a child, 542 including, without limitation, the right to in-person 543 communication with medical, dental, and education providers. 544

Section 13. For the purpose of incorporating the amendment 545 made by this act to

section 39.01, Florida Statutes, in a 546 reference thereto,

section 61.401, Florida Statutes, is 547 reenacted to read: 548 61.401 Appointment of guardian ad litem.—In an action for 549 dissolution of marriage or for the creation, approval, or 550 modification of a parenting plan, if the court finds it is in 551

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 20 of 26 CODING: Words stricken are deletions; words underlined are additions. the best interest of the child, the court may appoint a guardian 552 ad litem to act as next friend of the child, investigator or 553 evaluator, not as attorney or advocate. The court in its 554 discretion may also appoint legal counsel for a child to act as 555 attorney or advocate; however, the guardian and the legal 556 counsel shall not be the same person.

In such actions which 557 involve an allegation of child abuse, abandonment, or neglect as 558 defined in s. 39.01, which allegation is verified and determined 559 by the court to be well-founded, the court shall appoint a 560 guardian ad litem for the child. The guardian ad litem shall be 561 a party to any judicial proceeding from the date of the 562 appointment until the date of discharge. 563

Section 14. For the purpose of incorporating the amendment 564 made by this act to

section 39.01, Florida Statutes, in a 565 reference thereto, subsection (3) of

section 61.402, Florida 566 Statutes, is reenacted to read: 567 61.402 Qualifications of guardians ad litem.— 568

(3) Only a guardian ad litem who qualifies under paragraph 569 (1)(

a) or paragraph (1)(

c) may be appointed to a case in which 570 the court has determined that there are well-founded allegations 571 of child abuse, abandonment, or neglect as defined in s. 39.01. 572

Section 15. For the purpose of incorporating the amendment 573 made by this act to

section 39.01, Florida Statutes, in a 574 reference thereto, subsection (8) of

section 95.11, Florida 575 Statutes, is reenacted to read: 576 95.11 Limitations other than for the recovery of real 577 property.—Actions other than for recovery of real property shall 578 be commenced as follows: 579

(8) FOR INTENTIONAL TORTS BASED ON ABUSE.—An action founded 580

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 21 of 26 CODING: Words stricken are deletions; words underlined are additions. on alleged abuse, as defined in s. 39.01 or s. 415.102; incest, 581 as defined in s. 826.04; or an action brought pursuant to s. 582 787.061 may be commenced at any time within 7 years after the 583 age of majority, or within 4 years after the injured person 584 leaves the dependency of the abuser, or within 4 years from the 585 time of discovery by the injured party of both the injury and 586 the causal relationship between the injury and the abuse, 587 whichever occurs later. 588

Section 16. For the purpose of incorporating the amendment 589 made by this act to

section 39.01, Florida Statutes, in a 590 reference thereto, paragraph (

b) of subsection (2) of

section 591 390.01114, Florida Statutes, is reenacted to read: 592 390.01114 Parental Notice of and Consent for Abortion Act.— 593

(2) DEFINITIONS.—As used in this section, the term: 594 (b) “Child abuse” means abandonment, abuse, harm, mental 595 injury, neglect, physical injury, or sexual abuse of a child as 596 those terms are defined in ss. 39.01, 827.04, and 984.03. 597

Section 17. For the purpose of incorporating the amendment 598 made by this act to

section 39.01, Florida Statutes, in a 599 reference thereto, paragraph (

g) of subsection (4) of

section 600 393.067, Florida Statutes, is reenacted to read: 601 393.067 Facility licensure.— 602

(4) The application shall be under oath and shall contain 603 the following: 604 (

g) Certification that the staff of the facility or adult 605 day training program will receive training to detect, report, 606 and prevent sexual abuse, abuse, neglect, exploitation, and 607 abandonment, as defined in ss. 39.01 and 415.102, of residents 608 and clients. 609

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Section 18. For the purpose of incorporating the amendment 610 made by this act to

section 39.01, Florida Statutes, in a 611 reference thereto, subsection (3) of

section 744.309, Florida 612 Statutes, is reenacted to read: 613 744.309 Who may be appointed guardian of a resident ward.— 614

(3) DISQUALIFIED PERSONS.—No person who has been convicted 615 of a felony or who, from any incapacity or illness, is incapable 616 of discharging the duties of a guardian, or who is otherwise 617 unsuitable to perform the duties of a guardian, shall be 618 appointed to act as guardian.

Further, no person who has been 619 judicially determined to have committed abuse, abandonment, or 620 neglect against a child as defined in s. 39.01 or s. 984.03(1), 621 (2), and (24), or who has been found guilty of, regardless of 622 adjudication, or entered a plea of nolo contendere or guilty to, 623 any offense prohibited under s. 435.04 or similar statute of 624 another jurisdiction, shall be appointed to act as a guardian. 625 Except as provided in subsection (5) or subsection (6), a person 626 who provides substantial services to the proposed ward in a 627 professional or business capacity, or a creditor of the proposed 628 ward, may not be appointed guardian and retain that previous 629 professional or business relationship.

A person may not be 630 appointed a guardian if he or she is in the employ of any 631 person, agency, government, or corporation that provides service 632 to the proposed ward in a professional or business capacity, 633 except that a person so employed may be appointed if he or she 634 is the spouse, adult child, parent, or sibling of the proposed 635 ward or the court determines that the potential conflict of 636 interest is insubstantial and that the appointment would clearly 637 be in the proposed ward’s best interest. The court may not 638

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 23 of 26 CODING: Words stricken are deletions; words underlined are additions. appoint a guardian in any other circumstance in which a conflict 639 of interest may occur. 640

Section 19. For the purpose of incorporating the amendment 641 made by this act to

section 39.01, Florida Statutes, in a 642 reference thereto, subsection (2) of

section 984.03, Florida 643 Statutes, is reenacted to read: 644 984.03

Definitions.—When used in this chapter, the term: 645 (2) “Abuse” has the same meaning as in s. 39.01(2). 646

Section 20. For the purpose of incorporating the amendment 647 made by this act to

section 39.01, Florida Statutes, in a 648 reference thereto, paragraph (

c) of subsection (8) of

section 649 1001.42, Florida Statutes, is reenacted to read: 650 1001.42 Powers and duties of district school board.—The 651 district school board, acting as a board, shall exercise all 652 powers and perform all duties listed below: 653

(8) STUDENT WELFARE.— 654 (c)1. In accordance with the rights of parents enumerated 655 in ss. 1002.20 and 1014.04, adopt procedures for notifying a 656 student’s parent if there is a change in the student’s services 657 or monitoring related to the student’s mental, emotional, or 658 physical health or well-being and the school’s ability to 659 provide a safe and supportive learning environment for the 660 student.

The procedures must reinforce the fundamental right of 661 parents to make decisions regarding the upbringing and control 662 of their children by requiring school district personnel to 663 encourage a student to discuss issues relating to his or her 664 well-being with his or her parent or to facilitate discussion of 665 the issue with the parent. The procedures may not prohibit 666 parents from accessing any of their student’s education and 667

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 24 of 26 CODING: Words stricken are deletions; words underlined are additions. health records created, maintained, or used by the school 668 district, as required by s. 1002.22(2). 669 2.

A school district may not adopt procedures or student 670 support forms that prohibit school district personnel from 671 notifying a parent about his or her student’s mental, emotional, 672 or physical health or well-being, or a change in related 673 services or monitoring, or that encourage or have the effect of 674 encouraging a student to withhold from a parent such 675 information. School district personnel may not discourage or 676 prohibit parental notification of and involvement in critical 677 decisions affecting a student’s mental, emotional, or physical 678 health or well-being.

This subparagraph does not prohibit a 679 school district from adopting procedures that permit school 680 personnel to withhold such information from a parent if a 681 reasonably prudent person would believe that disclosure would 682 result in abuse, abandonment, or neglect, as those terms are 683 defined in s. 39.01. 684 3. Classroom instruction by school personnel or third 685 parties on sexual orientation or gender identity may not occur 686 in prekindergarten through grade 8, except when required by ss. 687 1003.42(2)(o)3. and 1003.46.

If such instruction is provided in 688 grades 9 through 12, the instruction must be age-appropriate or 689 developmentally appropriate for students in accordance with 690 state standards. This subparagraph applies to charter schools. 691 4. Student support services training developed or provided 692 by a school district to school district personnel must adhere to 693 student services guidelines, standards, and frameworks 694 established by the Department of Education. 695 5. At the beginning of the school year, each school 696

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 25 of 26 CODING: Words stricken are deletions; words underlined are additions. district shall notify parents of each health care service 697 offered at their student’s school and the option to withhold 698 consent or decline any specific service in accordance with s. 699 1014.06. Parental consent to a health care service does not 700 waive the parent’s right to access his or her student’s 701 educational or health records or to be notified about a change 702 in his or her student’s services or monitoring as provided by 703 this paragraph. 704 6.

Before administering a student well-being questionnaire 705 or health screening form to a student in kindergarten through 706 grade 3, the school district must provide the questionnaire or 707 health screening form to the parent and obtain the permission of 708 the parent. 709 7. Each school district shall adopt procedures for a parent 710 to notify the principal, or his or her designee, regarding 711 concerns under this paragraph at his or her student’s school and 712 the process for resolving those concerns within 7 calendar days 713 after notification by the parent. 714 a.

At a minimum, the procedures must require that within 30 715 days after notification by the parent that the concern remains 716 unresolved, the school district must either resolve the concern 717 or provide a statement of the reasons for not resolving the 718 concern. 719 b. If a concern is not resolved by the school district, a 720 parent may: 721 (

I) Request the Commissioner of Education to appoint a 722 special magistrate who is a member of The Florida Bar in good 723 standing and who has at least 5 years’ experience in 724 administrative law. The special magistrate shall determine facts 725

Florida Senate - 2026 SB 1730 40-00533-26 20261730__ Page 26 of 26 CODING: Words stricken are deletions; words underlined are additions. relating to the dispute over the school district procedure or 726 practice, consider information provided by the school district, 727 and render a recommended decision for resolution to the State 728 Board of Education within 30 days after receipt of the request 729 by the parent.

The State Board of Education must approve or 730 reject the recommended decision at its next regularly scheduled 731 meeting that is more than 7 calendar days and no more than 30 732 days after the date the recommended decision is transmitted. The 733 costs of the special magistrate shall be borne by the school 734 district.

The State Board of Education shall adopt rules, 735 including forms, necessary to implement this subparagraph. 736 (II) Bring an action against the school district to obtain 737 a declaratory judgment that the school district procedure or 738 practice violates this paragraph and seek injunctive relief. A 739 court may award damages and shall award reasonable attorney fees 740 and court costs to a parent who receives declaratory or 741 injunctive relief. 742 c. Each school district shall adopt and post on its website 743 policies to notify parents of the procedures required under this 744 subparagraph. 745 d.

Nothing contained in this subparagraph shall be 746 construed to abridge or alter rights of action or remedies in 747 equity already existing under the common law or general law. 748

Section 21. This act shall take effect July 1, 2026. 749