Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for SB 258
       
       
       
       
       
       
                                Barcode 310986                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/28/2009 02:36 PM       .                                
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       Senator Wise moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 105 - 153
    4  and insert:
    5         (5)(4) On filing the final judgment, the clerk of the court
    6  shall, if the birth occurred in this state, send a report of the
    7  judgment to the Office of Vital Statistics of the Department of
    8  Health on a form to be furnished by the department. The form
    9  must shall contain sufficient information to identify the
   10  original birth certificate of the person, the new name, and the
   11  file number of the judgment. This report shall be filed by the
   12  department with respect to a person born in this state and shall
   13  become a part of the vital statistics of this state. With
   14  respect to a person born in another state, the clerk of the
   15  court shall provide the petitioner with a certified copy of the
   16  final judgment.
   17         (6)(5) The clerk of the court must, upon the filing of the
   18  final judgment, send a report of the judgment to the Department
   19  of Law Enforcement on a form to be furnished by that department.
   20  The Department of Law Enforcement must send a copy of the report
   21  to the Department of Highway Safety and Motor Vehicles, which
   22  may be delivered by electronic transmission. The report must
   23  contain sufficient information to identify the petitioner,
   24  including the results of the criminal history records check if
   25  applicable a set of the petitioner’s fingerprints taken by a law
   26  enforcement agency, the new name of the petitioner, and the file
   27  number of the judgment. Any information retained by the
   28  Department of Law Enforcement and the Department of Highway
   29  Safety and Motor Vehicles may be revised or supplemented by said
   30  departments to reflect changes made by the final judgment. With
   31  respect to a person convicted of a felony in another state or of
   32  a federal offense, the Department of Law Enforcement must send
   33  the report to the respective state’s office of law enforcement
   34  records or to the office of the Federal Bureau of Investigation.
   35  The Department of Law Enforcement may forward the report to any
   36  other law enforcement agency it believes may retain information
   37  related to the petitioner. Any costs associated with
   38  fingerprinting must be paid by the petitioner.
   39         (7)(6) A husband and wife and minor children may join in
   40  one petition for change of name and the petition must shall show
   41  the facts required of a petitioner as to the husband and wife
   42  and the names of the minor children may be changed at the
   43  discretion of the court.
   44         (8)(7) When only one parent petitions for a change of name
   45  of a minor child, process shall be served on the other parent
   46  and proof of such service shall be filed in the cause; provided,
   47  however, if that where the other parent is a nonresident,
   48  constructive notice of the petition may be given pursuant to
   49  chapter 49, and proof of publication shall be filed in the cause
   50  without the necessity of recordation.
   51         (9)(8)This section does not apply Nothing herein applies
   52  to any change of name in proceedings for dissolution of marriage
   53  or for adoption of children.
   54         Section 2. This act shall take effect October 1, 2009.
   55  
   56  
   57  ================= T I T L E  A M E N D M E N T ================
   58         And the title is amended as follows:
   59         Delete lines 10 - 11
   60  and insert:
   61         records check to the clerk of the court; providing for
   62         use of the results by the clerk of the court;
   63         requiring the clerk of