Senate Bill sb0142

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    Florida Senate - 2007                                   SB 142

    By Senator Wise





    5-173-07

  1                      A bill to be entitled

  2         An act relating to change of name; amending s.

  3         68.07, F.S.; requiring that the petition for a

  4         change of name include two sets of fingerprints

  5         and a processing fee; providing duties of the

  6         clerk of the court with respect to forwarding

  7         sets of fingerprints to the Department of Law

  8         Enforcement for purposes of the state and

  9         national criminal history records check and

10         following the granting of a petition; revising

11         when a hearing on a change-of-name petition may

12         occur; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Section 68.07, Florida Statutes, is amended

17  to read:

18         68.07  Change of name.--

19         (1)  Chancery courts have jurisdiction to change the

20  name of any person residing in this state on petition of the

21  person filed in the county in which he or she resides.

22         (2)  The petition must shall include two sets a set of

23  the petitioner's fingerprints taken by a law enforcement

24  agency, along with the fingerprint processing fee, except

25  where a former name is being restored. The clerk of the court

26  shall forward one set of fingerprints to the Department of Law

27  Enforcement for a state and national criminal history records

28  check, the results of which shall be returned to the clerk for

29  use by the court in determining whether to grant the petition.

30  The fee for this processing is established by s. 943.053 for

31  the state criminal records check and by the Federal Bureau of

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    Florida Senate - 2007                                   SB 142
    5-173-07




 1  Investigation for the national criminal records check. The

 2  second set of fingerprints shall be retained by the clerk to

 3  be forwarded to the Department of Law Enforcement, along with

 4  the report of the judgment, if the petition is granted. The

 5  petition shall and be verified and show:

 6         (a)  That the petitioner is a bona fide resident of and

 7  domiciled in the county where the change of name is sought.

 8         (b)  If known, the date and place of birth of the

 9  petitioner, the petitioner's father's name, the petitioner's

10  mother's maiden name, and where the petitioner has resided

11  since birth.

12         (c)  If the petitioner is married, the name of the

13  petitioner's spouse and if the petitioner has children, the

14  names and ages of each and where they reside.

15         (d)  If the petitioner's name has previously been

16  changed and when and where and by what court.

17         (e)  The petitioner's occupation and where the

18  petitioner is employed and has been employed for 5 years next

19  preceding the filing of the petition. If the petitioner owns

20  and operates a business, the name and place of it shall be

21  stated and the petitioner's connection therewith and how long

22  the petitioner has been identified with that said business. If

23  the petitioner is in a profession, the profession shall be

24  stated, where the petitioner has practiced the profession and,

25  if a graduate of a school or schools, the name or names

26  thereof, time of graduation, and degrees received.

27         (f)  Whether the petitioner has been generally known or

28  called by any other names and if so, by what names and where.

29         (g)  Whether the petitioner has ever been adjudicated a

30  bankrupt and if so, where and when.

31  

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    Florida Senate - 2007                                   SB 142
    5-173-07




 1         (h)  Whether the petitioner has ever been arrested for

 2  or charged with, pled guilty or nolo contendere to, or been

 3  found to have committed a criminal offense, regardless of

 4  adjudication, and if so, when and where.

 5         (i)  Whether any money judgment has ever been entered

 6  against the petitioner and if so, the name of the judgment

 7  creditor, the amount and date thereof, the court by which

 8  entered, and whether the judgment has been satisfied.

 9         (j)  That the petition is filed for no ulterior or

10  illegal purpose and granting it will not in any manner invade

11  the property rights of others, whether partnership, patent,

12  good will, privacy, trademark, or otherwise.

13         (k)  That the petitioner's civil rights have never been

14  suspended, or if the petitioner's civil rights have been

15  suspended, that full restoration of civil rights has occurred.

16         (3)  The hearing on a the petition for restoring a

17  former name may be immediately after it is filed. If a

18  criminal history records check is required, the hearing on the

19  petition may be immediately after the results are returned to

20  the clerk.

21         (4)  On filing the final judgment, the clerk shall, if

22  the birth occurred in this state, send a report of the

23  judgment to the Office of Vital Statistics of the Department

24  of Health on a form to be furnished by the department. The

25  form must shall contain sufficient information to identify the

26  original birth certificate of the person, the new name, and

27  the file number of the judgment. This report shall be filed by

28  the department with respect to a person born in this state and

29  shall become a part of the vital statistics of this state.

30  With respect to a person born in another state, the clerk

31  

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    Florida Senate - 2007                                   SB 142
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 1  shall provide the petitioner with a certified copy of the

 2  final judgment.

 3         (5)  The clerk must, upon the filing of the final

 4  judgment, send a report of the judgment to the Department of

 5  Law Enforcement on a form to be furnished by that department.

 6  The Department of Law Enforcement must send a copy of the

 7  report to the Department of Highway Safety and Motor Vehicles,

 8  which may be delivered by electronic transmission. The report

 9  must contain sufficient information to identify the

10  petitioner, including a set of the petitioner's fingerprints

11  taken by a law enforcement agency, the new name of the

12  petitioner, and the file number of the judgment. Any

13  information retained by the Department of Law Enforcement and

14  the Department of Highway Safety and Motor Vehicles may be

15  revised or supplemented by said departments to reflect changes

16  made by the final judgment. With respect to a person convicted

17  of a felony in another state or of a federal offense, the

18  Department of Law Enforcement must send the report to the

19  respective state's office of law enforcement records or to the

20  office of the Federal Bureau of Investigation. The Department

21  of Law Enforcement may forward the report to any other law

22  enforcement agency it believes may retain information related

23  to the petitioner. Any costs associated with fingerprinting

24  must be paid by the petitioner.

25         (6)  A husband and wife and minor children may join in

26  one petition for change of name and the petition must shall

27  show the facts required of a petitioner as to the husband and

28  wife and the names of the minor children may be changed at the

29  discretion of the court.

30         (7)  When only one parent petitions for a change of

31  name of a minor child, process shall be served on the other

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    Florida Senate - 2007                                   SB 142
    5-173-07




 1  parent and proof of such service shall be filed in the cause;

 2  provided, however, if that where the other parent is a

 3  nonresident, constructive notice of the petition may be given

 4  pursuant to chapter 49, and proof of publication shall be

 5  filed in the cause without the necessity of recordation.

 6         (8)  This section does not apply Nothing herein applies

 7  to any change of name in proceedings for dissolution of

 8  marriage or for adoption of children.

 9         Section 2.  This act shall take effect July 1, 2007.

10  

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12                          SENATE SUMMARY

13    Requires that the petition for a change of name include
      two sets of fingerprints and a processing fee. Provides
14    duties of the clerk of the court with respect to
      forwarding sets of fingerprints to the Department of Law
15    Enforcement for purposes of the state and national
      criminal history records check and following the granting
16    of a petition. Revises when a hearing on a change-of-name
      petition may occur.
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