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