Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. SB 258
Barcode 757352
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/04/2009 .
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The Committee on Judiciary (Fasano) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 68.07, Florida Statutes, is amended to
6 read:
7 68.07 Change of name.—
8 (1) Chancery courts have jurisdiction to change the name of
9 any person residing in this state on petition of the person
10 filed in the county in which he or she resides.
11 (2)(a)Before the court hearing on a petition for a name
12 change, the petitioner must have fingerprints submitted for a
13 state and national criminal history records check, The petition
14 shall include a set of the petitioner's fingerprints taken by a
15 law enforcement agency except if where a former name is being
16 restored. Fingerprints for the petitioner shall be taken in a
17 manner approved by the Department of Law Enforcement and shall
18 be submitted electronically to the department for state
19 processing for a criminal history records check. The department
20 shall submit the fingerprints to the Federal Bureau of
21 Investigation for national processing. The department shall
22 submit the results of the state and national records check to
23 the clerk of the court. The court shall consider the results in
24 reviewing the information contained in the petition and
25 evaluating whether to grant the petition.
26 (b) When a petition is filed which requires a criminal
27 history records check, the clerk of court shall instruct the
28 petitioner on the process for having fingerprints taken and
29 submitted, including providing information on law enforcement
30 agencies or service providers authorized to submit fingerprints
31 electronically to the Department of Law Enforcement.
32 (c) The cost of processing fingerprints and conducting the
33 state and national criminal history records check required under
34 this subsection shall be borne by the petitioner for the name
35 change or by the parent or guardian of a minor for whom a name
36 change is being sought.
37 (3) Each petition shall and be verified and show:
38 (a) That the petitioner is a bona fide resident of and
39 domiciled in the county where the change of name is sought.
40 (b) If known, the date and place of birth of the
41 petitioner, the petitioner's father's name, the petitioner's
42 mother's maiden name, and where the petitioner has resided since
43 birth.
44 (c) If the petitioner is married, the name of the
45 petitioner's spouse and if the petitioner has children, the
46 names and ages of each and where they reside.
47 (d) If the petitioner's name has previously been changed
48 and when and where and by what court.
49 (e) The petitioner's occupation and where the petitioner is
50 employed and has been employed for 5 years next preceding the
51 filing of the petition. If the petitioner owns and operates a
52 business, the name and place of it shall be stated and the
53 petitioner's connection therewith and how long the petitioner
54 has been identified with that said business. If the petitioner
55 is in a profession, the profession shall be stated, where the
56 petitioner has practiced the profession, and if a graduate of a
57 school or schools, the name or names thereof, date time of
58 graduation, and degrees received.
59 (f) Whether the petitioner has been generally known or
60 called by any other names and if so, by what names and where.
61 (g) Whether the petitioner has ever been adjudicated a
62 bankrupt and if so, where and when.
63 (h) Whether the petitioner has ever been arrested for or
64 charged with, pled guilty or nolo contendere to, or been found
65 to have committed a criminal offense, regardless of
66 adjudication, and if so, when and where.
67 (i) Whether any money judgment has ever been entered
68 against the petitioner and if so, the name of the judgment
69 creditor, the amount and date thereof, the court by which
70 entered, and whether the judgment has been satisfied.
71 (j) That the petition is filed for no ulterior or illegal
72 purpose and granting it will not in any manner invade the
73 property rights of others, whether partnership, patent, good
74 will, privacy, trademark, or otherwise.
75 (k) That the petitioner's civil rights have never been
76 suspended, or, if the petitioner's civil rights have been
77 suspended, that full restoration of civil rights has occurred.
78 (4)(3) The hearing on a the petition for restoring a former
79 name may be held immediately after it is filed. The hearing on
80 any other petition for a name change may be held immediately
81 after the clerk receives the results of the criminal history
82 records check.
83 (5)(4) On filing the final judgment, the clerk shall, if
84 the birth occurred in this state, send a report of the judgment
85 to the Office of Vital Statistics of the Department of Health on
86 a form to be furnished by the department. The form must shall
87 contain sufficient information to identify the original birth
88 certificate of the person, the new name, and the file number of
89 the judgment. This report shall be filed by the department with
90 respect to a person born in this state and shall become a part
91 of the vital statistics of this state. With respect to a person
92 born in another state, the clerk shall provide the petitioner
93 with a certified copy of the final judgment.
94 (6)(5) The clerk must, upon the filing of the final
95 judgment, send a report of the judgment to the Department of Law
96 Enforcement on a form to be furnished by that department. The
97 Department of Law Enforcement must send a copy of the report to
98 the Department of Highway Safety and Motor Vehicles, which may
99 be delivered by electronic transmission. The report must contain
100 sufficient information to identify the petitioner, including the
101 results of the criminal history records check if applicable a
102 set of the petitioner's fingerprints taken by a law enforcement
103 agency, the new name of the petitioner, and the file number of
104 the judgment. Any information retained by the Department of Law
105 Enforcement and the Department of Highway Safety and Motor
106 Vehicles may be revised or supplemented by said departments to
107 reflect changes made by the final judgment. With respect to a
108 person convicted of a felony in another state or of a federal
109 offense, the Department of Law Enforcement must send the report
110 to the respective state's office of law enforcement records or
111 to the office of the Federal Bureau of Investigation. The
112 Department of Law Enforcement may forward the report to any
113 other law enforcement agency it believes may retain information
114 related to the petitioner. Any costs associated with
115 fingerprinting must be paid by the petitioner.
116 (7)(6) A husband and wife and minor children may join in
117 one petition for change of name and the petition must shall show
118 the facts required of a petitioner as to the husband and wife
119 and the names of the minor children may be changed at the
120 discretion of the court.
121 (8)(7) When only one parent petitions for a change of name
122 of a minor child, process shall be served on the other parent
123 and proof of such service shall be filed in the cause; provided,
124 however, if that where the other parent is a nonresident,
125 constructive notice of the petition may be given pursuant to
126 chapter 49, and proof of publication shall be filed in the cause
127 without the necessity of recordation.
128 (9)(8) This section does not apply Nothing herein applies
129 to any change of name in proceedings for dissolution of marriage
130 or for adoption of children.
131 Section 2. This act shall take effect July 1, 2009.
132
133 ================= T I T L E A M E N D M E N T ================
134 And the title is amended as follows:
135 Delete everything before the enacting clause
136 and insert:
137 A bill to be entitled
138 An act relating to change of name; amending s. 68.07, F.S.;
139 requiring that a person filing a petition for change of name
140 have fingerprints submitted for a state and national criminal
141 history records check before the court hearing on the petition;
142 providing an exception to such requirement; providing procedures
143 for the taking and submission of fingerprints; providing for the
144 payment of costs associated with processing fingerprints and
145 conducting criminal history checks; requiring submission of the
146 results of a criminal history records check to the clerk of
147 court; providing for use of the results by the court; requiring
148 the clerk of court to instruct the petitioner on the taking and
149 submission of fingerprints; providing for the scheduling of a
150 hearing on a petition to restore a former name and the
151 scheduling of a hearing on a petition for which a criminal
152 history records check is required; revising the content of a
153 report of the final judgment on a petition for a name change;
154 providing an effective date.
155