February 24, 2020
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HB 1787

1
A bill to be entitled
2An act relating to name change petitions; amending s.
368.07, F.S.; requiring name change petitions to include a
4copy of the petitioner's fingerprints; authorizing the use
5of such information to determine certain criminal
6background information concerning the petitioner;
7providing an exception in circumstances involving the
8restoration of a former name; requiring the clerk of court
9to submit certain reports to the Department of Law
10Enforcement; requiring the Department of Law Enforcement
11to submit a copy of such reports to the Department of
12Highway Safety and Motor Vehicles; authorizing the
13Department of Law Enforcement and the Department of
14Highway Safety and Motor Vehicles to revise or supplement
15certain information retained by those departments in
16accordance with such reports; authorizing the Department
17of Law Enforcement to forward the report to other law
18enforcement agencies; providing that the petitioner shall
19bear any cost associated with fingerprinting; reenacting
20ss. 382.002(13) and 382.016(1)(c), F.S., relating to
21definitions related to vital statistics and amending
22certain records concerning live births, respectively, for
23the purpose of incorporating the amendments to s. 68.07,
24F.S., in references thereto; providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Subsections (2) and (5) of section 68.07,
29Florida Statutes, are amended to read:
30     68.07  Change of name.--
31     (2)  The petition shall include a copy of the petitioner's
32fingerprints taken by a law enforcement agency except where a
33former name is being restored and be verified and show:
34     (a)  That petitioner is a bona fide resident of and
35domiciled in the county where the change of name is sought.
36     (b)  If known, the date and place of birth of petitioner,
37petitioner's father's name, mother's maiden name, and where
38petitioner has resided since birth.
39     (c)  If petitioner is married, the name of petitioner's
40spouse and if petitioner has children, the names and ages of
41each and where they reside.
42     (d)  If petitioner's name has previously been changed and
43when and where and by what court.
44     (e)  Petitioner's occupation and where petitioner is
45employed and has been employed for 5 years next preceding filing
46of the petition. If petitioner owns and operates a business, the
47name and place of it shall be stated and petitioner's connection
48therewith and how long petitioner has been identified with said
49business. If petitioner is in a profession, the profession shall
50be stated, where the petitioner has practiced the profession and
51if a graduate of a school or schools, the name or names thereof,
52time of graduation, and degrees received.
53     (f)  Whether the petitioner has been generally known or
54called by any other names and if so, by what names and where.
55     (g)  Whether petitioner has ever been adjudicated a
56bankrupt and if so, where and when.
57     (h)  Whether petitioner has ever been arrested for or
58charged with, pled guilty or nolo contendere to, or been found
59to have committed a criminal offense, regardless of
60adjudication, convicted of a felony and if so, when and where.
61     (i)  Whether any money judgment has ever been entered
62against petitioner and if so, the name of the judgment creditor,
63the amount and date thereof, the court by which entered, and
64whether the judgment has been satisfied.
65     (j)  That the petition is filed for no ulterior or illegal
66purpose and granting it will not in any manner invade the
67property rights of others, whether partnership, patent, good
68will, privacy, trademark, or otherwise.
69     (k)  That the petitioner's civil rights have never been
70suspended, or if the petitioner's civil rights have been
71suspended, that full restoration of civil rights has occurred.
72     (5)  If the petitioner is a convicted felon, The clerk
73must, upon the filing of the final judgment, send a report of
74the judgment to the Florida Department of Law Enforcement on a
75form to be furnished by that department. The Department of Law
76Enforcement must send a copy of the report to the Department of
77Highway Safety and Motor Vehicles, which may be delivered by
78electronic transmission. The report must contain sufficient
79information to identify the original criminal record of the
80petitioner, including a copy of the petitioner's fingerprints
81taken by a law enforcement agency, the new name of the
82petitioner, and the file number of the judgment. Any information
83retained by the Department of Law Enforcement and the Department
84of Highway Safety and Motor Vehicles may be revised or
85supplemented by said departments to reflect changes made by the
86final judgment. With respect to a person convicted of a felony
87in another state or of a federal offense, the Florida Department
88of Law Enforcement must send the report to the respective
89state's office of law enforcement records or to the office of
90the Federal Bureau of Investigation. The Department of Law
91Enforcement may forward the report to any other law enforcement
92agency it believes may retain information related to the
93petitioner. Any costs associated with fingerprinting must be
94paid by the petitioner.
95     Section 2.  For the purpose of incorporating the amendment
96to section 68.07, Florida Statutes, in a reference thereto,
97subsection (13) of section 382.002, Florida Statutes, is
98reenacted to read:
99     382.002  Definitions.--As used in this chapter, the term:
100     (13)  "Vital records" or "records" means certificates or
101reports of birth, death, fetal death, marriage, dissolution of
102marriage, name change filed pursuant to s. 68.07, and data
103related thereto.
104     Section 3.  For the purpose of incorporating the amendment
105to section 68.07, Florida Statutes, in a reference thereto,
106paragraph (c) of subsection (1) of section 382.016, Florida
107Statutes, is reenacted to read:
108     382.016  Amendment of records.--The department, upon
109receipt of the fee prescribed in s. 382.0255; documentary
110evidence, as specified by rule, of any misstatement, error, or
111omission occurring in any birth, death, or fetal death record;
112and an affidavit setting forth the changes to be made, shall
113amend 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,
116the birth certificate may only be amended to remove the father's
117name or to add a different father's name upon court order. If a
118change in the registrant's surname is also desired, such change
119must be included in the court order or the name must be changed
120pursuant to s. 68.07.
121     Section 4.  This act shall take effect July 1, 2004.


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