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