Senate Bill sb0142c1
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Florida Senate - 2007 CS for SB 142
By the Committee on Criminal Justice; and Senator Wise
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1 A bill to be entitled
2 An act relating to change of name; amending s.
3 68.07, F.S.; requiring that a person filing a
4 petition for change of name submit fingerprints
5 for a state and national criminal history
6 records check before the court hearing on the
7 petition; providing an exception to such
8 requirement; providing procedures for the
9 taking and submission of fingerprints;
10 providing for the payment of costs associated
11 with processing fingerprints and conducting
12 criminal history checks; requiring the return
13 of the results of a criminal history records
14 check to the clerk of court; providing for the
15 scheduling of a hearing on a petition to
16 restore a former name when a criminal history
17 records check is required; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
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22 Section 1. Section 68.07, Florida Statutes, is amended
23 to read:
24 68.07 Change of name.--
25 (1) Chancery courts have jurisdiction to change the
26 name of any person residing in this state on petition of the
27 person filed in the county in which he or she resides.
28 (2) Before the court hearing on a petition for a name
29 change, the petitioner must submit fingerprints for a state
30 and national criminal history records check, The petition
31 shall include a set of the petitioner's fingerprints taken by
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Florida Senate - 2007 CS for SB 142
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1 a law enforcement agency except where a former name is being
2 restored. Fingerprints for all name change petitioners shall
3 be taken in a manner approved by the Department of Law
4 Enforcement and shall be submitted electronically to the
5 department for state processing and the Federal Bureau of
6 Investigation for national processing for a criminal history
7 record check. The cost of processing fingerprints and
8 conducting this criminal history records check shall be borne
9 by the petitioner for the name change, or the parent or
10 guardian of a minor for whom a name change is being sought.
11 The results of the state and national check shall be returned
12 to the clerk of the court.
13 (3) Each petition shall and be verified and show:
14 (a) That the petitioner is a bona fide resident of and
15 domiciled in the county where the change of name is sought.
16 (b) If known, the date and place of birth of the
17 petitioner, the petitioner's father's name, the petitioner's
18 mother's maiden name, and where the petitioner has resided
19 since birth.
20 (c) If the petitioner is married, the name of the
21 petitioner's spouse and if the petitioner has children, the
22 names and ages of each and where they reside.
23 (d) If the petitioner's name has previously been
24 changed and when and where and by what court.
25 (e) The petitioner's occupation and where the
26 petitioner is employed and has been employed for 5 years next
27 preceding the filing of the petition. If the petitioner owns
28 and operates a business, the name and place of it shall be
29 stated and the petitioner's connection therewith and how long
30 the petitioner has been identified with that said business. If
31 the petitioner is in a profession, the profession shall be
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Florida Senate - 2007 CS for SB 142
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1 stated, where the petitioner has practiced the profession and,
2 if a graduate of a school or schools, the name or names
3 thereof, date time of graduation, and degrees received.
4 (f) Whether the petitioner has been generally known or
5 called by any other names and if so, by what names and where.
6 (g) Whether the petitioner has ever been adjudicated a
7 bankrupt and if so, where and when.
8 (h) Whether the petitioner has ever been arrested for
9 or charged with, pled guilty or nolo contendere to, or been
10 found to have committed a criminal offense, regardless of
11 adjudication, and if so, when and where.
12 (i) Whether any money judgment has ever been entered
13 against the petitioner and if so, the name of the judgment
14 creditor, the amount and date thereof, the court by which
15 entered, and whether the judgment has been satisfied.
16 (j) That the petition is filed for no ulterior or
17 illegal purpose and granting it will not in any manner invade
18 the property rights of others, whether partnership, patent,
19 good will, privacy, trademark, or otherwise.
20 (k) That the petitioner's civil rights have never been
21 suspended, or if the petitioner's civil rights have been
22 suspended, that full restoration of civil rights has occurred.
23 (4)(3) The hearing on a the petition for restoring a
24 former name may be immediately after it is filed. If a
25 criminal history records check is required, the hearing on the
26 petition may be immediately after the results are returned to
27 the clerk.
28 (5)(4) On filing the final judgment, the clerk shall,
29 if the birth occurred in this state, send a report of the
30 judgment to the Office of Vital Statistics of the Department
31 of Health on a form to be furnished by the department. The
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Florida Senate - 2007 CS for SB 142
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1 form must shall contain sufficient information to identify the
2 original birth certificate of the person, the new name, and
3 the file number of the judgment. This report shall be filed by
4 the department with respect to a person born in this state and
5 shall become a part of the vital statistics of this state.
6 With respect to a person born in another state, the clerk
7 shall provide the petitioner with a certified copy of the
8 final judgment.
9 (6)(5) The clerk must, upon the filing of the final
10 judgment, send a report of the judgment to the Department of
11 Law Enforcement on a form to be furnished by that department.
12 The Department of Law Enforcement must send a copy of the
13 report to the Department of Highway Safety and Motor Vehicles,
14 which may be delivered by electronic transmission. The report
15 must contain sufficient information to identify the
16 petitioner, including a set of the petitioner's fingerprints
17 taken by a law enforcement agency, the new name of the
18 petitioner, and the file number of the judgment. Any
19 information retained by the Department of Law Enforcement and
20 the Department of Highway Safety and Motor Vehicles may be
21 revised or supplemented by said departments to reflect changes
22 made by the final judgment. With respect to a person convicted
23 of a felony in another state or of a federal offense, the
24 Department of Law Enforcement must send the report to the
25 respective state's office of law enforcement records or to the
26 office of the Federal Bureau of Investigation. The Department
27 of Law Enforcement may forward the report to any other law
28 enforcement agency it believes may retain information related
29 to the petitioner. Any costs associated with fingerprinting
30 must be paid by the petitioner.
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Florida Senate - 2007 CS for SB 142
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1 (7)(6) A husband and wife and minor children may join
2 in one petition for change of name and the petition must shall
3 show the facts required of a petitioner as to the husband and
4 wife and the names of the minor children may be changed at the
5 discretion of the court.
6 (8)(7) When only one parent petitions for a change of
7 name of a minor child, process shall be served on the other
8 parent and proof of such service shall be filed in the cause;
9 provided, however, if that where the other parent is a
10 nonresident, constructive notice of the petition may be given
11 pursuant to chapter 49, and proof of publication shall be
12 filed in the cause without the necessity of recordation.
13 (9)(8) This section does not apply Nothing herein
14 applies to any change of name in proceedings for dissolution
15 of marriage or for adoption of children.
16 Section 2. This act shall take effect July 1, 2007.
17
18 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
19 Senate Bill 142
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21 - Modifies the procedures by which the fingerprints of the
person petitioning for a name change submits fingerprints
22 for a state and national history records check, the
processing of the records check, and the return of the
23 records check to the clerk of the court.
24 - Requires the cost of processing fingerprints and
conducting the records check to be borne by the
25 petitioner or, if the petitioner is a minor, by the
petitioner's parent or guardian.
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