HB 365

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 submit fingerprints for a state and national
5	criminal history records check before the court hearing on
6	the petition; providing an exception to such requirement;
7	providing procedures for the taking and submission of
8	fingerprints; providing for the payment of costs
9	associated with processing fingerprints and conducting
10	criminal history records checks; requiring the return of
11	the results of a criminal history records check to the
12	clerk of court; providing for the scheduling of a hearing
13	on a petition to restore a former name when a criminal
14	history records check is required; providing an effective
15	date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Section 68.07, Florida Statutes, is amended to
20	read:
21	68.07  Change of name.--
22	(1)  Chancery courts have jurisdiction to change the name
23	of any person residing in this state on petition of the person
24	filed in the county in which he or she resides.
25	(2)  Before the court hearing on a petition for a name
26	change, the petitioner must submit fingerprints for a state and
27	national criminal history records check, The petition shall
28	include a set of the petitioner's fingerprints taken by a law
29	enforcement agency except where a former name is being restored.
30	Fingerprints for all name change petitioners shall be taken in a
31	manner approved by the Department of Law Enforcement and shall
32	be submitted electronically to the department for state
33	processing and to the Federal Bureau of Investigation for
34	national processing for a criminal history records check. The
35	cost of processing fingerprints and conducting this criminal
36	history records check shall be borne by the petitioner for the
37	name change or by the parent or guardian of a minor for whom a
38	name change is being sought. The results of the state and
39	national criminal history records check shall be returned to the
40	clerk of the court.
41	(3)  Each petition shall and be verified and show:
42	(a)  That the petitioner is a bona fide resident of and
43	domiciled in the county where the change of name is sought.
44	(b)  If known, the date and place of birth of the
45	petitioner, the petitioner's father's name, the petitioner's
46	mother's maiden name, and where the petitioner has resided since
47	birth.
48	(c)  If the petitioner is married, the name of the
49	petitioner's spouse and, if the petitioner has children, the
50	names and ages of each and where they reside.
51	(d)  If the petitioner's name has previously been changed
52	and when and where and by what court.
53	(e)  The petitioner's occupation and where the petitioner
54	is employed and has been employed for 5 years next preceding the
55	filing of the petition. If the petitioner owns and operates a
56	business, the name and place of it shall be stated and the
57	petitioner's connection therewith and how long the petitioner
58	has been identified with that said business. If the petitioner
59	is in a profession, the profession shall be stated, where the
60	petitioner has practiced the profession and, if a graduate of a
61	school or schools, the name or names thereof, date time of
62	graduation, and degrees received.
63	(f)  Whether the petitioner has been generally known or
64	called by any other names and, if so, by what names and where.
65	(g)  Whether the petitioner has ever been adjudicated a
66	bankrupt and, if so, where and when.
67	(h)  Whether the petitioner has ever been arrested for or
68	charged with, pled guilty or nolo contendere to, or been found
69	to have committed a criminal offense, regardless of
70	adjudication, and, if so, when and where.
71	(i)  Whether any money judgment has ever been entered
72	against the petitioner and, if so, the name of the judgment
73	creditor, the amount and date thereof, the court by which
74	entered, and whether the judgment has been satisfied.
75	(j)  That the petition is filed for no ulterior or illegal
76	purpose and granting it will not in any manner invade the
77	property rights of others, whether partnership, patent, good
78	will, privacy, trademark, or otherwise.
79	(k)  That the petitioner's civil rights have never been
80	suspended, or, if the petitioner's civil rights have been
81	suspended, that full restoration of civil rights has occurred.
82	(4)(3)  The hearing on a the petition for restoring a
83	former name may be held immediately after the petition it is
84	filed. If a criminal history records check is required, the
85	hearing on the petition may be held immediately after the
86	results are returned to the clerk.
87	(5)(4)  On filing the final judgment, the clerk shall, if
88	the birth occurred in this state, send a report of the judgment
89	to the Office of Vital Statistics of the Department of Health on
90	a form to be furnished by the department. The form shall contain
91	sufficient information to identify the original birth
92	certificate of the person, the new name, and the file number of
93	the judgment. This report shall be filed by the department with
94	respect to a person born in this state and shall become a part
95	of the vital statistics of this state. With respect to a person
96	born in another state, the clerk shall provide the petitioner
97	with a certified copy of the final judgment.
98	(6)(5)  The clerk must, upon the filing of the final
99	judgment, send a report of the judgment to the Department of Law
100	Enforcement on a form to be furnished by that department. The
101	Department of Law Enforcement must send a copy of the report to
102	the Department of Highway Safety and Motor Vehicles, which may
103	be delivered by electronic transmission. The report must contain
104	sufficient information to identify the petitioner, including a
105	set of the petitioner's fingerprints taken by a law enforcement
106	agency, the new name of the petitioner, and the file number of
107	the judgment. Any information retained by the Department of Law
108	Enforcement and the Department of Highway Safety and Motor
109	Vehicles may be revised or supplemented by those said
110	departments to reflect changes made by the final judgment. With
111	respect to a person convicted of a felony in another state or of
112	a federal offense, the Department of Law Enforcement must send
113	the report to the respective state's office of law enforcement
114	records or to the office of the Federal Bureau of Investigation.
115	The Department of Law Enforcement may forward the report to any
116	other law enforcement agency it believes may retain information
117	related to the petitioner. Any costs associated with
118	fingerprinting must be paid by the petitioner.
119	(7)(6)  A husband and wife and minor children may join in
120	one petition for change of name and the petition must shall show
121	the facts required of a petitioner as to the husband and wife
122	and the names of the minor children may be changed at the
123	discretion of the court.
124	(8)(7)  When only one parent petitions for a change of name
125	of a minor child, process shall be served on the other parent
126	and proof of such service shall be filed in the cause; provided,
127	however, if that where the other parent is a nonresident,
128	constructive notice of the petition may be given pursuant to
129	chapter 49, and proof of publication shall be filed in the cause
130	without the necessity of recordation.
131	(9)(8)  This section does not apply Nothing herein applies
132	to any change of name in proceedings for dissolution of marriage
133	or for adoption of children.
134	Section 2.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.