HB 0455CS

CHAMBER ACTION




1The Civil Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to change of name; amending s. 68.07,
7F.S.; requiring that a petition for a change of name
8include two sets of fingerprints and a processing fee;
9providing duties of the clerk of the court with respect to
10forwarding sets of fingerprints to the Department of Law
11Enforcement for purposes of the state and national
12criminal history records check and for duties following
13the granting of a petition; revising when hearings on
14certain change of name petitions may occur; providing an
15effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Section 68.07, Florida Statutes, is amended to
20read:
21     68.07  Change of name.--
22     (1)  Chancery courts have jurisdiction to change the name
23of any person residing in this state on petition of the person
24filed in the county in which he or she resides.
25     (2)  The petition must shall include two sets a copy of the
26petitioner's fingerprints taken by a law enforcement agency,
27along with the fingerprint processing fee, except where a former
28name is being restored. The clerk of the court shall forward one
29set of fingerprints to the Department of Law Enforcement for a
30state and national criminal history records check, the results
31of which shall be returned to the clerk for use by the court in
32determining whether to grant the petition. The fee for this
33processing is the fee established by s. 943.053 for the state
34criminal history records check plus the fee established by the
35Federal Bureau of Investigation for the national criminal
36history records check. The second set of fingerprints shall be
37retained by the clerk to be forwarded to the Department of Law
38Enforcement, along with the report of the judgment, if the
39petition is granted. The petition shall and be verified and
40show:
41     (a)  That the petitioner is a bona fide resident of and
42domiciled in the county where the change of name is sought.
43     (b)  If known, the date and place of birth of the
44petitioner, the petitioner's father's name, the petitioner's
45mother's maiden name, and where the petitioner has resided since
46birth.
47     (c)  If the petitioner is married, the name of the
48petitioner's spouse and if the petitioner has children, the
49names and ages of each and where they reside.
50     (d)  If the petitioner's name has previously been changed
51and when and where and by what court.
52     (e)  The petitioner's occupation and where the petitioner
53is employed and has been employed for 5 years next preceding the
54filing of the petition. If the petitioner owns and operates a
55business, the name and place of it shall be stated and the
56petitioner's connection therewith and how long the petitioner
57has been identified with that said business. If the petitioner
58is in a profession, the profession shall be stated, where the
59petitioner has practiced the profession and, if a graduate of a
60school or schools, the name or names thereof, time of
61graduation, and degrees received.
62     (f)  Whether the petitioner has been generally known or
63called by any other names and if so, by what names and where.
64     (g)  Whether the petitioner has ever been adjudicated a
65bankrupt and if so, where and when.
66     (h)  Whether the petitioner has ever been arrested for or
67charged with, pled guilty or nolo contendere to, or been found
68to have committed a criminal offense, regardless of
69adjudication, and if so, when and where.
70     (i)  Whether any money judgment has ever been entered
71against the petitioner and if so, the name of the judgment
72creditor, the amount and date thereof, the court by which
73entered, and whether the judgment has been satisfied.
74     (j)  That the petition is filed for no ulterior or illegal
75purpose and granting it will not in any manner invade the
76property rights of others, whether partnership, patent, good
77will, privacy, trademark, or otherwise.
78     (k)  That the petitioner's civil rights have never been
79suspended, or if the petitioner's civil rights have been
80suspended, that full restoration of civil rights has occurred.
81     (3)  The hearing on a the petition for restoring a former
82name may be immediately after it is filed. When a criminal
83history records check is required, the hearing on the petition
84may be immediately after the results are returned to the clerk.
85     (4)  On filing the final judgment, the clerk shall, if the
86birth occurred in this state, send a report of the judgment to
87the Office of Vital Statistics of the Department of Health on a
88form to be furnished by the department. The form must shall
89contain sufficient information to identify the original birth
90certificate of the person, the new name, and the file number of
91the judgment. This report shall be filed by the department with
92respect to a person born in this state and shall become a part
93of the vital statistics of this state. With respect to a person
94born in another state, the clerk shall provide the petitioner
95with a certified copy of the final judgment.
96     (5)  The clerk must, upon the filing of the final judgment,
97send a report of the judgment to the Department of Law
98Enforcement on a form to be furnished by that department. The
99Department of Law Enforcement must send a copy of the report to
100the Department of Highway Safety and Motor Vehicles, which may
101be delivered by electronic transmission. The report must contain
102sufficient information to identify the petitioner, including a
103set copy of the petitioner's fingerprints taken by a law
104enforcement agency, the new name of the petitioner, and the file
105number of the judgment. Any information retained by the
106Department of Law Enforcement and the Department of Highway
107Safety and Motor Vehicles may be revised or supplemented by said
108departments to reflect changes made by the final judgment. With
109respect to a person convicted of a felony in another state or of
110a federal offense, the Department of Law Enforcement must send
111the report to the respective state's office of law enforcement
112records or to the office of the Federal Bureau of Investigation.
113The Department of Law Enforcement may forward the report to any
114other law enforcement agency it believes may retain information
115related to the petitioner. Any costs associated with
116fingerprinting must be paid by the petitioner.
117     (6)  A husband and wife and minor children may join in one
118petition for change of name and the petition must shall show the
119facts required of a petitioner as to the husband and wife and
120the names of the minor children may be changed at the discretion
121of the court.
122     (7)  When only one parent petitions for a change of name of
123a minor child, process shall be served on the other parent and
124proof of such service shall be filed in the cause; provided,
125however, if that where the other parent is a nonresident,
126constructive notice of the petition may be given pursuant to
127chapter 49, and proof of publication shall be filed in the cause
128without the necessity of recordation.
129     (8)  This section does not apply Nothing herein applies to
130any change of name in proceedings for dissolution of marriage or
131for adoption of children.
132     Section 2.  This act shall take effect July 1, 2006.


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