| 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 felonyand 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 FloridaDepartment 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 FloridaDepartment | 
| 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. |