Senate Bill sb0130

    Florida Senate - 2004                                   SB 130

    By Senator Dockery





    15-182A-04

  1                      A bill to be entitled

  2         An act relating to name change petitions;

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

  4         petition contain certain criminal background

  5         information; requiring a report to be sent to

  6         the Department of Law Enforcement and the

  7         Department of Highway Safety and Motor

  8         Vehicles; authorizing the Department of Law

  9         Enforcement to forward the report to other law

10         enforcement agencies; providing an effective

11         date.

12  

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

14  

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

16  Florida Statutes, are amended to read:

17         68.07  Change of name.--

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

19  petitioner's fingerprints taken by a law enforcement agency

20  and be verified and show:

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

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

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

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

25  and where petitioner has resided since birth.

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

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

28  each and where they reside.

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

30  and when and where and by what court.

31  

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    Florida Senate - 2004                                   SB 130
    15-182A-04




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

 2  employed and has been employed for 5 years next preceding

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

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

 5  petitioner's connection therewith and how long petitioner has

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

 7  profession, the profession shall be stated, where the

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

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

10  graduation, and degrees received.

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

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

13         (g)  Whether petitioner has ever been adjudicated a

14  bankrupt and if so, where and when.

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

16  pled guilty or nolo contendere to, or been found to have

17  committed a criminal offense, regardless of adjudication

18  convicted of a felony and if so, when and where.

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

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

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

22  entered, and whether the judgment has been satisfied.

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

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

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

26  good will, privacy, trademark, or otherwise.

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

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

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

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

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

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    Florida Senate - 2004                                   SB 130
    15-182A-04




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

 2  form to be furnished by that department. The Florida

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

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

 5  report may be by electronic transmission. The report must

 6  contain sufficient information to identify the original

 7  criminal record of the petitioner, including fingerprints

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

 9  petitioner, and the file number of the judgment. The Florida

10  Department of Law Enforcement and the Department of Highway

11  Safety and Motor Vehicles may revise or supplement any

12  information retained by them to reflect changes made by the

13  final judgment. With respect to a person convicted of a felony

14  in another state or of a federal offense, the Florida

15  Department of Law Enforcement must send the report to the

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

17  office of the Federal Bureau of Investigation. The Florida

18  Department of Law Enforcement may forward the report to any

19  other law enforcement agency it believes may retain

20  information related to the petitioner. Any costs from

21  fingerprinting must be paid by the petitioner.

22         Section 2.  This act shall take effect July 1, 2004.

23  

24            *****************************************

25                          SENATE SUMMARY

26    Requires that a name change petition contain certain
      criminal background information. Requires the Florida
27    Department of Law Enforcement to send a report of a name
      change to the Department of Highway Safety and Motor
28    Vehicles. Authorizes the Department of Law Enforcement to
      forward the report to other law enforcement agencies.
29  

30  

31  

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CODING: Words stricken are deletions; words underlined are additions.