CS/HB 805

1
A bill to be entitled
2An act relating to change of name; amending s. 68.07,
3F.S.; requiring that a person filing a petition for change
4of name have fingerprints submitted for a state and
5national criminal history records check before the court
6hearing on the petition; providing an exception to such
7requirement; providing procedures for the taking and
8submission of fingerprints; requiring submission of the
9results of a criminal history records check to the clerk
10of the court; providing for use of the results by the
11court; requiring the clerk of the court to instruct the
12petitioner on the taking and submission of fingerprints;
13providing for the payment of costs associated with
14processing fingerprints and conducting criminal history
15records checks; providing for the scheduling of a hearing
16on a petition to restore a former name and the scheduling
17of a hearing on a petition for which a criminal history
18records check is required; revising the content of a
19report of the final judgment on a petition for a name
20change; deleting duplicative provisions regarding payment
21of costs associated with fingerprinting; providing an
22effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Section 68.07, Florida Statutes, is amended to
27read:
28     68.07  Change of name.--
29     (1)  Chancery courts have jurisdiction to change the name
30of any person residing in this state on petition of the person
31filed in the county in which he or she resides.
32     (2)(a)  Before the court hearing on a petition for a name
33change, the petitioner must have fingerprints submitted for a
34state and national criminal history records check, The petition
35shall include a set of the petitioner's fingerprints taken by a
36law enforcement agency except if where a former name is being
37restored. Fingerprints for the petitioner shall be taken in a
38manner approved by the Department of Law Enforcement and shall
39be submitted electronically to the department for state
40processing for a criminal history records check. The department
41shall submit the fingerprints to the Federal Bureau of
42Investigation for national processing. The department shall
43submit the results of the state and national records check to
44the clerk of the court. The court shall consider the results in
45reviewing the information contained in the petition and
46evaluating whether to grant the petition.
47     (b)  When a petition is filed which requires a criminal
48history records check, the clerk of the court shall instruct the
49petitioner on the process for having fingerprints taken and
50submitted, including providing information on law enforcement
51agencies or service providers authorized to submit fingerprints
52electronically to the Department of Law Enforcement.
53     (c)  The cost of processing fingerprints and conducting the
54state and national criminal history records check required under
55this subsection shall be borne by the petitioner for the name
56change or by the parent or guardian of a minor for whom a name
57change is being sought.
58     (3)  Each petition shall and be verified and show:
59     (a)  That the petitioner is a bona fide resident of and
60domiciled in the county where the change of name is sought.
61     (b)  If known, the date and place of birth of the
62petitioner, the petitioner's father's name, the petitioner's
63mother's maiden name, and where the petitioner has resided since
64birth.
65     (c)  If the petitioner is married, the name of the
66petitioner's spouse and if the petitioner has children, the
67names and ages of each and where they reside.
68     (d)  If the petitioner's name has previously been changed
69and when and where and by what court.
70     (e)  The petitioner's occupation and where the petitioner
71is employed and has been employed for 5 years next preceding the
72filing of the petition. If the petitioner owns and operates a
73business, the name and place of it shall be stated and the
74petitioner's connection therewith and how long the petitioner
75has been identified with that said business. If the petitioner
76is in a profession, the profession shall be stated, where the
77petitioner has practiced the profession, and if a graduate of a
78school or schools, the name or names thereof, date time of
79graduation, and degrees received.
80     (f)  Whether the petitioner has been generally known or
81called by any other names and if so, by what names and where.
82     (g)  Whether the petitioner has ever been adjudicated a
83bankrupt and if so, where and when.
84     (h)  Whether the petitioner has ever been arrested for or
85charged with, pled guilty or nolo contendere to, or been found
86to have committed a criminal offense, regardless of
87adjudication, and if so, when and where.
88     (i)  Whether any money judgment has ever been entered
89against the petitioner and if so, the name of the judgment
90creditor, the amount and date thereof, the court by which
91entered, and whether the judgment has been satisfied.
92     (j)  That the petition is filed for no ulterior or illegal
93purpose and granting it will not in any manner invade the
94property rights of others, whether partnership, patent, good
95will, privacy, trademark, or otherwise.
96     (k)  That the petitioner's civil rights have never been
97suspended, or, if the petitioner's civil rights have been
98suspended, that full restoration of civil rights has occurred.
99     (4)(3)  The hearing on a the petition for restoring a
100former name may be held immediately after it is filed. The
101hearing on any other petition for a name change may be held
102immediately after the clerk of the court receives the results of
103the criminal history records check.
104     (5)(4)  On filing the final judgment, the clerk of the
105court shall, if the birth occurred in this state, send a report
106of the judgment to the Office of Vital Statistics of the
107Department of Health on a form to be furnished by the
108department. The form must shall contain sufficient information
109to identify the original birth certificate of the person, the
110new name, and the file number of the judgment. This report shall
111be filed by the department with respect to a person born in this
112state and shall become a part of the vital statistics of this
113state. With respect to a person born in another state, the clerk
114of the court shall provide the petitioner with a certified copy
115of the final judgment.
116     (6)(5)  The clerk of the court must, upon the filing of the
117final judgment, send a report of the judgment to the Department
118of Law Enforcement on a form to be furnished by that department.
119The Department of Law Enforcement must send a copy of the report
120to the Department of Highway Safety and Motor Vehicles, which
121may be delivered by electronic transmission. The report must
122contain sufficient information to identify the petitioner,
123including the results of the criminal history records check, if
124applicable a set of the petitioner's fingerprints taken by a law
125enforcement agency, the new name of the petitioner, and the file
126number of the judgment. Any information retained by the
127Department of Law Enforcement and the Department of Highway
128Safety and Motor Vehicles may be revised or supplemented by said
129departments to reflect changes made by the final judgment. With
130respect to a person convicted of a felony in another state or of
131a federal offense, the Department of Law Enforcement must send
132the report to the respective state's office of law enforcement
133records or to the office of the Federal Bureau of Investigation.
134The Department of Law Enforcement may forward the report to any
135other law enforcement agency it believes may retain information
136related to the petitioner. Any costs associated with
137fingerprinting must be paid by the petitioner.
138     (7)(6)  A husband and wife and minor children may join in
139one petition for change of name and the petition must shall show
140the facts required of a petitioner as to the husband and wife
141and the names of the minor children may be changed at the
142discretion of the court.
143     (8)(7)  When only one parent petitions for a change of name
144of a minor child, process shall be served on the other parent
145and proof of such service shall be filed in the cause; provided,
146however, if that where the other parent is a nonresident,
147constructive notice of the petition may be given pursuant to
148chapter 49, and proof of publication shall be filed in the cause
149without the necessity of recordation.
150     (9)(8)  This section does not apply Nothing herein applies
151to any change of name in proceedings for dissolution of marriage
152or for adoption of children.
153     Section 2.  This act shall take effect July 1, 2009.


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