Senate Bill sb0908

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    Florida Senate - 2006                                   SB 908

    By Senator Wise





    5-693-06

  1                      A bill to be entitled

  2         An act relating to the change of a name;

  3         amending s. 68.07, F.S.; requiring that the

  4         petition for a change of name include two sets

  5         of fingerprints and a processing fee; providing

  6         duties of the clerk of the court with respect

  7         to forwarding sets of fingerprints to the

  8         Department of Law Enforcement for purposes of

  9         the state and national criminal history records

10         check and following the granting of a petition;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 68.07, Florida Statutes, is amended

16  to read:

17         68.07  Change of name.--

18         (1)  Chancery courts have jurisdiction to change the

19  name of any person residing in this state on petition of the

20  person filed in the county in which he or she resides.

21         (2)  The petition must shall include two sets a copy of

22  the petitioner's fingerprints taken by a law enforcement

23  agency, along with the fingerprint processing fee, except

24  where a former name is being restored. The clerk of the court

25  shall forward one set of fingerprints to the Department of Law

26  Enforcement for a state and national criminal history records

27  check, the results of which shall be returned to the clerk for

28  use by the court in determining whether to grant the petition.

29  The fee for this processing is established by s. 943.053 for

30  the state criminal records check and by the Federal Bureau of

31  Investigation for the national criminal records check. The

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    Florida Senate - 2006                                   SB 908
    5-693-06




 1  second set of fingerprints shall be retained by the clerk to

 2  be forwarded to the Department of Law Enforcement, along with

 3  the report of the judgement, if the petition is granted. The

 4  petition shall and be verified and show:

 5         (a)  That the petitioner is a bona fide resident of and

 6  domiciled in the county where the change of name is sought.

 7         (b)  If known, the date and place of birth of the

 8  petitioner, the petitioner's father's name, mother's maiden

 9  name, and where the petitioner has resided since birth.

10         (c)  If the petitioner is married, the name of the

11  petitioner's spouse and if the petitioner has children, the

12  names and ages of each and where they reside.

13         (d)  If the petitioner's name has previously been

14  changed and when and where and by what court.

15         (e)  The petitioner's occupation and where the

16  petitioner is employed and has been employed for 5 years next

17  preceding the filing of the petition. If the petitioner owns

18  and operates a business, the name and place of it shall be

19  stated and the petitioner's connection therewith and how long

20  the petitioner has been identified with that said business. If

21  the petitioner is in a profession, the profession shall be

22  stated, where the the petitioner has practiced the profession

23  and, if a graduate of a school or schools, the name or names

24  thereof, time of graduation, and degrees received.

25         (f)  Whether the the petitioner has been generally

26  known or called by any other names and if so, by what names

27  and where.

28         (g)  Whether the petitioner has ever been adjudicated a

29  bankrupt and if so, where and when.

30         (h)  Whether the petitioner has ever been arrested for

31  or charged with, pled guilty or nolo contendere to, or been

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    Florida Senate - 2006                                   SB 908
    5-693-06




 1  found to have committed a criminal offense, regardless of

 2  adjudication, and if so, when and where.

 3         (i)  Whether any money judgment has ever been entered

 4  against the petitioner and if so, the name of the judgment

 5  creditor, the amount and date thereof, the court by which

 6  entered, and whether the judgment has been satisfied.

 7         (j)  That the petition is filed for no ulterior or

 8  illegal purpose and granting it will not in any manner invade

 9  the property rights of others, whether partnership, patent,

10  good will, privacy, trademark, or otherwise.

11         (k)  That the petitioner's civil rights have never been

12  suspended, or if the petitioner's civil rights have been

13  suspended, that full restoration of civil rights has occurred.

14         (3)  The hearing on the petition may be immediately

15  after it is filed.

16         (4)  On filing the final judgment, the clerk shall, if

17  the birth occurred in this state, send a report of the

18  judgment to the Office of Vital Statistics of the Department

19  of Health on a form to be furnished by the department. The

20  form must shall contain sufficient information to identify the

21  original birth certificate of the person, the new name, and

22  the file number of the judgment. This report shall be filed by

23  the department with respect to a person born in this state and

24  shall become a part of the vital statistics of this state.

25  With respect to a person born in another state, the clerk

26  shall provide the petitioner with a certified copy of the

27  final judgment.

28         (5)  The clerk must, upon the filing of the final

29  judgment, send a report of the judgment to the Department of

30  Law Enforcement on a form to be furnished by that department.

31  The Department of Law Enforcement must send a copy of the

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    Florida Senate - 2006                                   SB 908
    5-693-06




 1  report to the Department of Highway Safety and Motor Vehicles,

 2  which may be delivered by electronic transmission. The report

 3  must contain sufficient information to identify the

 4  petitioner, including a set copy of the petitioner's

 5  fingerprints taken by a law enforcement agency, the new name

 6  of the petitioner, and the file number of the judgment. Any

 7  information retained by the Department of Law Enforcement and

 8  the Department of Highway Safety and Motor Vehicles may be

 9  revised or supplemented by said departments to reflect changes

10  made by the final judgment. With respect to a person convicted

11  of a felony in another state or of a federal offense, the

12  Department of Law Enforcement must send the report to the

13  respective state's office of law enforcement records or to the

14  office of the Federal Bureau of Investigation. The Department

15  of Law Enforcement may forward the report to any other law

16  enforcement agency it believes may retain information related

17  to the petitioner. Any costs associated with fingerprinting

18  must be paid by the petitioner.

19         (6)  A husband and wife and minor children may join in

20  one petition for change of name and the petition must shall

21  show the facts required of a petitioner as to the husband and

22  wife and the names of the minor children may be changed at the

23  discretion of the court.

24         (7)  When only one parent petitions for a change of

25  name of a minor child, process shall be served on the other

26  parent and proof of such service shall be filed in the cause;

27  provided, however, if that where the other parent is a

28  nonresident, constructive notice of the petition may be given

29  pursuant to chapter 49, and proof of publication shall be

30  filed in the cause without the necessity of recordation.

31  

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    Florida Senate - 2006                                   SB 908
    5-693-06




 1         (8)  This section does not apply Nothing herein applies

 2  to any change of name in proceedings for dissolution of

 3  marriage or for adoption of children.

 4         Section 2.  This act shall take effect July 1, 2006.

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 7                          SENATE SUMMARY

 8    Requires that the change-of-name petition include two
      sets of fingerprints and the fingerprint-processing fee.
 9    Requires that the clerk of the court forward a set of
      fingerprints to the Department of Law Enforcement for
10    purposes of the state and national criminal records check
      and forward a set to the department upon the court
11    granting the petition.

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