Senate Bill sb2482c1

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    Florida Senate - 2003                           CS for SB 2482

    By the Committee on Judiciary; and Senator Dockery





    308-2472-03

  1                      A bill to be entitled

  2         An act relating to name change petitions;

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

  4         to contain certain criminal background

  5         information; requiring a report to be sent to

  6         the Florida Department of Law Enforcement and

  7         the Department of Highway Safety and Motor

  8         Vehicles; providing an effective date.

  9  

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

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12         Section 1.  Subsections (2) and (5) of section 68.07,

13  Florida Statutes, are amended to read:

14         68.07  Change of name.--

15         (2)  The petition shall include a copy of the

16  petitioner's fingerprints taken by a law enforcement agency

17  and be verified and show:

18         (a)  That petitioner is a bona fide resident of and

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

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

21  petitioner, petitioner's father's name, mother's maiden name,

22  and where petitioner has resided since birth.

23         (c)  If petitioner is married, the name of petitioner's

24  spouse and if petitioner has children, the names and ages of

25  each and where they reside.

26         (d)  If petitioner's name has previously been changed

27  and when and where and by what court.

28         (e)  Petitioner's occupation and where petitioner is

29  employed and has been employed for 5 years next preceding

30  filing of the petition.  If petitioner owns and operates a

31  business, the name and place of it shall be stated and

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    Florida Senate - 2003                           CS for SB 2482
    308-2472-03




 1  petitioner's connection therewith and how long petitioner has

 2  been identified with said business.  If petitioner is in a

 3  profession, the profession shall be stated, where the

 4  petitioner has practiced the profession and if a graduate of a

 5  school or schools, the name or names thereof, time of

 6  graduation, and degrees received.

 7         (f)  Whether the petitioner has been generally known or

 8  called by any other names and if so, by what names and where.

 9         (g)  Whether petitioner has ever been adjudicated a

10  bankrupt and if so, where and when.

11         (h)  Whether petitioner has ever been charged with,

12  pled guilty or nolo contendere to, or found to have committed

13  a criminal offense, regardless of adjudication convicted of a

14  felony and if so, when and where.

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

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

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

18  entered, and whether the judgment has been satisfied.

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

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

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

22  good will, privacy, trademark, or otherwise.

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

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

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

26         (5)  If the petitioner is a convicted felon, The clerk

27  must, upon the filing of the final judgment, send a report of

28  the judgment to the Florida Department of Law Enforcement on a

29  form to be furnished by that department. The Florida

30  Department of Law Enforcement must send a copy of the report

31  to the Department of Highway Safety and Motor Vehicles, which

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    Florida Senate - 2003                           CS for SB 2482
    308-2472-03




 1  report may be by electronic transmission. The report must

 2  contain sufficient information to identify the original

 3  criminal record of the petitioner, including fingerprints

 4  taken by a law enforcement agency, the new name of the

 5  petitioner, and the file number of the judgment. Any costs

 6  from fingerprinting must be paid by the petitioner. With

 7  respect to a person convicted of a felony in another state or

 8  of a federal offense, the Florida Department of Law

 9  Enforcement must send the report to the respective state's

10  office of law enforcement records or to the office of the

11  Federal Bureau of Investigation.

12         Section 2.  This act shall take effect July 1, 2003.

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14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                         Senate Bill 2482

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17  Requires that petitioner submit a set of fingerprints, taken
    by law enforcement agency, with name change petition.
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