| 1 | A bill to be entitled |
| 2 | An act relating to name change petitions; amending s. |
| 3 | 68.07, F.S.; requiring name change petitions to include a |
| 4 | copy of the petitioner's fingerprints; authorizing the use |
| 5 | of such information to determine certain criminal |
| 6 | background information concerning the petitioner; |
| 7 | providing an exception in circumstances involving the |
| 8 | restoration of a former name; requiring the clerk of court |
| 9 | to submit certain reports to the Department of Law |
| 10 | Enforcement; requiring the Department of Law Enforcement |
| 11 | to submit a copy of such reports to the Department of |
| 12 | Highway Safety and Motor Vehicles; authorizing the |
| 13 | Department of Law Enforcement and the Department of |
| 14 | Highway Safety and Motor Vehicles to revise or supplement |
| 15 | certain information retained by those departments in |
| 16 | accordance with such reports; authorizing the Department |
| 17 | of Law Enforcement to forward the report to other law |
| 18 | enforcement agencies; providing that the petitioner shall |
| 19 | bear any cost associated with fingerprinting; reenacting |
| 20 | ss. 382.002(13) and 382.016(1)(c), F.S., relating to |
| 21 | definitions related to vital statistics and amending |
| 22 | certain records concerning live births, respectively, for |
| 23 | the purpose of incorporating the amendments to s. 68.07, |
| 24 | F.S., in references thereto; providing an effective date. |
| 25 |
|
| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
|
| 28 | Section 1. Subsections (2) and (5) of section 68.07, |
| 29 | Florida Statutes, are amended to read: |
| 30 | 68.07 Change of name.-- |
| 31 | (2) The petition shall include a copy of the petitioner's |
| 32 | fingerprints taken by a law enforcement agency except where a |
| 33 | former name is being restored and be verified and show: |
| 34 | (a) That petitioner is a bona fide resident of and |
| 35 | domiciled in the county where the change of name is sought. |
| 36 | (b) If known, the date and place of birth of petitioner, |
| 37 | petitioner's father's name, mother's maiden name, and where |
| 38 | petitioner has resided since birth. |
| 39 | (c) If petitioner is married, the name of petitioner's |
| 40 | spouse and if petitioner has children, the names and ages of |
| 41 | each and where they reside. |
| 42 | (d) If petitioner's name has previously been changed and |
| 43 | when and where and by what court. |
| 44 | (e) Petitioner's occupation and where petitioner is |
| 45 | employed and has been employed for 5 years next preceding filing |
| 46 | of the petition. If petitioner owns and operates a business, the |
| 47 | name and place of it shall be stated and petitioner's connection |
| 48 | therewith and how long petitioner has been identified with said |
| 49 | business. If petitioner is in a profession, the profession shall |
| 50 | be stated, where the petitioner has practiced the profession and |
| 51 | if a graduate of a school or schools, the name or names thereof, |
| 52 | time of graduation, and degrees received. |
| 53 | (f) Whether the petitioner has been generally known or |
| 54 | called by any other names and if so, by what names and where. |
| 55 | (g) Whether petitioner has ever been adjudicated a |
| 56 | bankrupt and if so, where and when. |
| 57 | (h) Whether petitioner has ever been arrested for or |
| 58 | charged with, pled guilty or nolo contendere to, or been found |
| 59 | to have committed a criminal offense, regardless of |
| 60 | adjudication, convicted of a felony and if so, when and where. |
| 61 | (i) Whether any money judgment has ever been entered |
| 62 | against petitioner and if so, the name of the judgment creditor, |
| 63 | the amount and date thereof, the court by which entered, and |
| 64 | whether the judgment has been satisfied. |
| 65 | (j) That the petition is filed for no ulterior or illegal |
| 66 | purpose and granting it will not in any manner invade the |
| 67 | property rights of others, whether partnership, patent, good |
| 68 | will, privacy, trademark, or otherwise. |
| 69 | (k) That the petitioner's civil rights have never been |
| 70 | suspended, or if the petitioner's civil rights have been |
| 71 | suspended, that full restoration of civil rights has occurred. |
| 72 | (5) If the petitioner is a convicted felon, The clerk |
| 73 | must, upon the filing of the final judgment, send a report of |
| 74 | the judgment to the Florida Department of Law Enforcement on a |
| 75 | form to be furnished by that department. The Department of Law |
| 76 | Enforcement must send a copy of the report to the Department of |
| 77 | Highway Safety and Motor Vehicles, which may be delivered by |
| 78 | electronic transmission. The report must contain sufficient |
| 79 | information to identify the original criminal record of the |
| 80 | petitioner, including a copy of the petitioner's fingerprints |
| 81 | taken by a law enforcement agency, the new name of the |
| 82 | petitioner, and the file number of the judgment. Any information |
| 83 | retained by the Department of Law Enforcement and the Department |
| 84 | of Highway Safety and Motor Vehicles may be revised or |
| 85 | supplemented by said departments to reflect changes made by the |
| 86 | final judgment. With respect to a person convicted of a felony |
| 87 | in another state or of a federal offense, the Florida Department |
| 88 | of Law Enforcement must send the report to the respective |
| 89 | state's office of law enforcement records or to the office of |
| 90 | the Federal Bureau of Investigation. The Department of Law |
| 91 | Enforcement may forward the report to any other law enforcement |
| 92 | agency it believes may retain information related to the |
| 93 | petitioner. Any costs associated with fingerprinting must be |
| 94 | paid by the petitioner. |
| 95 | Section 2. For the purpose of incorporating the amendment |
| 96 | to section 68.07, Florida Statutes, in a reference thereto, |
| 97 | subsection (13) of section 382.002, Florida Statutes, is |
| 98 | reenacted to read: |
| 99 | 382.002 Definitions.--As used in this chapter, the term: |
| 100 | (13) "Vital records" or "records" means certificates or |
| 101 | reports of birth, death, fetal death, marriage, dissolution of |
| 102 | marriage, name change filed pursuant to s. 68.07, and data |
| 103 | related thereto. |
| 104 | Section 3. For the purpose of incorporating the amendment |
| 105 | to section 68.07, Florida Statutes, in a reference thereto, |
| 106 | paragraph (c) of subsection (1) of section 382.016, Florida |
| 107 | Statutes, is reenacted to read: |
| 108 | 382.016 Amendment of records.--The department, upon |
| 109 | receipt of the fee prescribed in s. 382.0255; documentary |
| 110 | evidence, as specified by rule, of any misstatement, error, or |
| 111 | omission occurring in any birth, death, or fetal death record; |
| 112 | and an affidavit setting forth the changes to be made, shall |
| 113 | amend or replace the original certificate as necessary. |
| 114 | (1) CERTIFICATE OF LIVE BIRTH AMENDMENT.-- |
| 115 | (c) If a father's name is listed on the birth certificate, |
| 116 | the birth certificate may only be amended to remove the father's |
| 117 | name or to add a different father's name upon court order. If a |
| 118 | change in the registrant's surname is also desired, such change |
| 119 | must be included in the court order or the name must be changed |
| 120 | pursuant to s. 68.07. |
| 121 | Section 4. This act shall take effect July 1, 2004. |