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A bill to be entitled

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An act relating to change of name; amending s. 68.07,

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F.S.; requiring that a person filing a petition for change

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of name submit fingerprints for a state and national

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criminal history records check before the court hearing on

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the petition; providing an exception to such requirement;

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providing procedures for the taking and submission of

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fingerprints; providing for the payment of costs

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associated with processing fingerprints and conducting

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criminal history checks; requiring the return of the

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results of a criminal history records check to the clerk

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of court; providing for the scheduling of a hearing on a

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petition to restore a former name when a criminal history

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records check is required; providing an effective date.

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

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

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read:

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     68.07  Change of name.--

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     (1)  Chancery courts have jurisdiction to change the name of

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any person residing in this state on petition of the person filed

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in the county in which he or she resides.

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     (2) Before the court hearing on a petition for a name

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change, the petitioner must submit fingerprints for a state and

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national criminal history records check, The petition shall

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include a set of the petitioner's fingerprints taken by a law

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enforcement agency except where a former name is being restored.

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Fingerprints for all name change petitioners shall be taken in a

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manner approved by the Department of Law Enforcement and shall be

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submitted electronically to the department for state processing

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and to the Federal Bureau of Investigation for national

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processing for a criminal history record check. The cost of

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processing fingerprints and conducting this criminal history

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records check shall be borne by the petitioner for the name

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change or by the parent or guardian of a minor for whom a name

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change is being sought. The results of the state and national

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check shall be returned to the clerk of the court.

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     (3) Each petition shall and be verified and show:

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

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

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

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

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

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birth.

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

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

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and ages of each and where they reside.

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

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and when and where and by what court.

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

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employed and has been employed for 5 years next preceding the

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filing of the petition. If the petitioner owns and operates a

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business, the name and place of it shall be stated and the

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petitioner's connection therewith and how long the petitioner has

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been identified with that said business. If the petitioner is in

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a profession, the profession shall be stated, where the

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petitioner has practiced the profession and, if a graduate of a

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school or schools, the name or names thereof, date time of

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graduation, and degrees received.

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     (f)  Whether the petitioner has been generally known or

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

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     (g) Whether the petitioner has ever been adjudicated a

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bankrupt and if so, where and when.

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

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

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have committed a criminal offense, regardless of adjudication,

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and if so, when and where.

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     (i)  Whether any money judgment has ever been entered

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

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

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entered, and whether the judgment has been satisfied.

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

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purpose and granting it will not in any manner invade the

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property rights of others, whether partnership, patent, good

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will, privacy, trademark, or otherwise.

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

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

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suspended, that full restoration of civil rights has occurred.

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     (4)(3) The hearing on a the petition for restoring a former

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name may be immediately after it is filed. If a criminal history

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records check is required, the hearing on the petition may be

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immediately after the results are returned to the clerk.

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

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

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to the Office of Vital Statistics of the Department of Health on

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a form to be furnished by the department. The form must shall

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contain sufficient information to identify the original birth

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certificate of the person, the new name, and the file number of

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the judgment. This report shall be filed by the department with

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respect to a person born in this state and shall become a part of

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the vital statistics of this state.  With respect to a person

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born in another state, the clerk shall provide the petitioner

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with a certified copy of the final judgment.

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

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

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Enforcement on a form to be furnished by that department. The

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Department of Law Enforcement must send a copy of the report to

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the Department of Highway Safety and Motor Vehicles, which may be

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delivered by electronic transmission. The report must contain

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sufficient information to identify the petitioner, including a

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set of the petitioner's fingerprints taken by a law enforcement

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agency, the new name of the petitioner, and the file number of

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the judgment. Any information retained by the Department of Law

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Enforcement and the Department of Highway Safety and Motor

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Vehicles may be revised or supplemented by said departments to

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reflect changes made by the final judgment. With respect to a

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person convicted of a felony in another state or of a federal

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offense, the Department of Law Enforcement must send the report

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

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the office of the Federal Bureau of Investigation. The Department

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of Law Enforcement may forward the report to any other law

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enforcement agency it believes may retain information related to

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the petitioner. Any costs associated with fingerprinting must be

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paid by the petitioner.

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

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

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the facts required of a petitioner as to the husband and wife and

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the names of the minor children may be changed at the discretion

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of the court.

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

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of a minor child, process shall be served on the other parent and

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proof of such service shall be filed in the cause; provided,

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however, if that where the other parent is a nonresident,

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constructive notice of the petition may be given pursuant to

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chapter 49, and proof of publication shall be filed in the cause

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without the necessity of recordation.

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

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to any change of name in proceedings for dissolution of marriage

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or for adoption of children.

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     Section 2.  This act shall take effect July 1, 2008.