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Florida Statute 39.808 - Full Text and Legal Analysis
Florida Statute 39.808 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 39
PROCEEDINGS RELATING TO CHILDREN
View Entire Chapter
39.808 Advisory hearing; pretrial status conference.—
(1) An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all parties have been served with a copy of the petition and a notice of the date, time, and place of the advisory hearing for the petition.
(2) At the hearing the court shall inform the parties of their rights under s. 39.807, appoint counsel for the parties in accordance with legal requirements, and appoint a guardian ad litem to represent the child if one has not already been appointed.
(3) The court shall set a date for an adjudicatory hearing to be held within 45 days after the advisory hearing, unless all of the necessary parties agree to some other hearing date.
(4) An advisory hearing is not required if a petition is filed seeking an adjudication for termination of parental rights based on a voluntary surrender of parental rights. Adjudicatory hearings for petitions for voluntary termination must be held within 21 days after the filing of the petition. Notice of the use of this subsection must be filed with the court at the same time as the filing of the petition to terminate parental rights.
(5) Not less than 10 days before the adjudicatory hearing on a petition for involuntary termination of parental rights, the court shall conduct a pretrial status conference to determine the order in which each party may present witnesses or evidence, the order in which cross-examination and argument shall occur, and any other matters that may aid in the conduct of the adjudicatory hearing to prevent any undue delay in the conduct of the adjudicatory hearing.
History.—s. 9, ch. 87-289; s. 33, ch. 88-337; s. 18, ch. 90-306; s. 37, ch. 94-164; s. 90, ch. 98-403; s. 47, ch. 99-193; s. 27, ch. 2024-70.
Note.—Former s. 39.466.

F.S. 39.808 on Google Scholar

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Amendments to 39.808


Annotations, Discussions, Cases:

Cases Citing Statute 39.808

Total Results: 17  |  Sort by: Relevance  |  Newest First

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CM v. Dept. of Child. & Fam. Servs., 854 So. 2d 777 (Fla. 4th DCA 2003).

Cited 13 times | Published | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 13177, 2003 WL 22047876

...In sum, there was more than enough evidence to support the trial court's determination that grounds for termination of the mother's parental rights were present. The mother claims that the case must nevertheless be reversed because no guardian ad litem was appointed to represent the children's interest. Section 39.808(2), Florida Statutes (2002), requires the court to appoint a guardian ad litem to represent a child's best interest in any termination proceeding....
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TCB v. Dept. of Child. & Families, 816 So. 2d 194 (Fla. 1st DCA 2002).

Cited 4 times | Published | Florida 1st District Court of Appeal | 2002 Fla. App. LEXIS 6111

...ate-imposed condition, an adjudicatory hearing must be held wherein the Department must establish the elements required for termination of parental rights by clear and convincing evidence, through use of the rules of evidence applied in civil cases. § 39.808(4), Fla....
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Lo v. Fla. Dept. of Child. & Fam. Serv., 807 So. 2d 810 (Fla. 4th DCA 2002).

Cited 4 times | Published | Florida 4th District Court of Appeal | 2002 WL 270699

...An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all parties have been served with a copy of the petition and notice of the advisory hearing, at which the court shall inform the parties of their rights. § 39.808(1),(2), Fla....
...tion is sought based on a voluntary surrender of parental rights. For example, an advisory hearing is not required if a petition is filed seeking an adjudication for termination of parental rights based on a *813 voluntary surrender of those rights. § 39.808(4), Fla....
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In Re Wc, 797 So. 2d 1273 (Fla. 1st DCA 2001).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2001 WL 1328427

...responded to the Petition of Termination by consenting to the termination of his parental rights of his two adoptive children and retaining counsel to appear on his behalf to oppose the termination of his parental rights to his two natural children. Pursuant to section 39.808(2), Florida Statutes (2000), the trial court held an advisory hearing on the termination of parental rights of M.C.'s two natural children....
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H.D. v. J.L.D., 16 So. 3d 334 (Fla. 4th DCA 2009).

Cited 2 times | Published | Florida 4th District Court of Appeal | 2009 Fla. App. LEXIS 13742

to schedule an advisory hearing pursuant to section 39.808, Florida Statutes (2008). That section provides
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Gs v. Dept. of Child. & Fam. Serv., 838 So. 2d 1221 (Fla. 3d DCA 2003).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 2603, 2003 WL 729213

...The petition also states that D.V. "has or will have a Guardian Ad Litem appointed" and that the "Guardian Ad Litem recommends that the parents' parental rights be terminated." It is undisputed, however, that no guardian ad litem was ever appointed. *1222 Section 39.808(2), Florida Statutes (2000), requires the trial court to appoint a guardian ad litem to represent a child's best interests in any termination of parental rights proceeding, if one has not already been appointed....
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In Re He, 3 So. 3d 341 (Fla. 2d DCA 2008).

Cited 1 times | Published | Florida 2nd District Court of Appeal

...ence or compliance therewith.' Black's Law Dictionary 276 (5th ed. 1979)." (alteration in original)). In keeping with our prior determination in A.D.C., and our plain reading of the statute, we conclude that such additional evidence is not required. Section 39.808(4) provides that when a written surrender and consent is entered, there is no need for an advisory hearing, implying that the "consent" satisfies the requirement to prove a ground for termination....
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Hd v. Jld, 16 So. 3d 334 (Fla. 4th DCA 2009).

Published | Florida 4th District Court of Appeal | 2009 WL 2949331

...table and permanent home; and the mother had the financial means to continue to provide for the child without the adoptive father's assistance. Ten days after filing the petition, the mother filed a motion to schedule an advisory hearing pursuant to section 39.808, Florida Statutes (2008)....
...That section provides, "An advisory hearing on the petition to terminate parental rights must be held as soon as possible after all parties have been served with a copy of the petition and a notice of the date, time, and place of the advisory hearing for the petition." § 39.808(1), Fla....
...Dep't of Children and Family Servs., 807 So.2d 810, 812 (Fla. 4th DCA 2002). "For example, an advisory hearing is not required if a petition is filed seeking an adjudication for termination of parental rights based on a voluntary surrender of those rights." Id. at 812-13 (citing § 39.808(4), Fla. Stat. (1999)). In that situation, however, "[adjudicatory hearings for petitions for voluntary termination must be held within 21 days after the filing of the petition.'" § 39.808(4), Fla....
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G.O. v. Dep't of Child. & Families, 100 So. 3d 232 (Fla. 3d DCA 2012).

Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 18883, 2012 WL 5349993

despite being served with a summons. Pursuant to section 39.808(d), Florida Statutes (2011), the general magistrate
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M.C. v. State, Dep't of Child. & Families, 797 So. 2d 1273 (Fla. 1st DCA 2001).

Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 15181

rights to his two natural children. Pursuant to section 39.808(2), Florida Statutes (2000), the trial court
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A.F. v. Dep't of Child. & Families, 178 So. 3d 899 (Fla. 3d DCA 2014).

Published | Florida 3rd District Court of Appeal | 2014 Fla. App. LEXIS 16836, 2014 WL 5151623

...ed reversible error by failing to appoint a guardian ad litem rather than an attorney ad 4 litem to represent the Child’s best interests. In support of her position, the Mother directs this Court to section 39.808(2) of the Florida Statutes (2012) and Florida Rule of Juvenile Procedure 8.510(a)(2)(D), both of which require the trial court to appoint a guardian ad litem for the Child....
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Lh v. Dept. of Child. & Fam., 945 So. 2d 537 (Fla. 3d DCA 2006).

Published | Florida 3rd District Court of Appeal | 2006 Fla. App. LEXIS 19554, 2006 WL 3375389

...ntered the order now under review. The father does not receive incentive gain time for the time served in Miami-Dade County. The advisory hearing on the department's petition is set to occur on November 29, 2006. The trial date has not yet been set. Section 39.808, Florida Statutes (2005), which governs advisory hearing proceedings, does not require the presence of a parent at either the advisory hearing or trial....
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In re Proposed Amendment to Florida Rule of Jud. Admin. 2.052(a), 770 So. 2d 152 (Fla. 2000).

Published | Supreme Court of Florida | 25 Fla. L. Weekly Supp. 606, 2000 Fla. LEXIS 1461, 2000 WL 963895

months of placement in foster care). . See, e.g., § 39.808, Fla.Stat. (1999) (setting strict time standards
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S.S. v. State, Dep't of Child. & Fam. Servs., 976 So. 2d 41 (Fla. 3d DCA 2008).

Published | Florida 3rd District Court of Appeal | 2008 Fla. App. LEXIS 956, 2008 WL 239023

at an advisory hearing scheduled pursuant to section 39.808, Florida Statutes (2006). The advisory hearing
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P.E. v. Dep't of Child. & Fam. Servs., 3 So. 3d 341 (Fla. 2d DCA 2008).

Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 18072

that such additional evidence is not required. Section 39.808(4) provides that when a written surrender and
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R.A. v. Dep't of Child. & Families, 83 So. 3d 841 (Fla. 5th DCA 2011).

Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 20067, 2011 WL 6258832

E.L., 732 So.2d 37, 39 (Fla. 2d DCA 1999). See § 39.808(2), Fla. Stat.; Fla. R. Juv. P. 8.510(a)(2). Further
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A. D. v. Dept. of Child. & Families, 269 So. 3d 642 (Fla. Dist. Ct. App. 2019).

Published | District Court of Appeal of Florida

ultimately setting the adjudicatory hearing. See § 39.808, Fla. Stat. (2018). The failure of a parent to

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