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 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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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. |