The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 68
MISCELLANEOUS PROCEEDINGS

View Entire Chapter

F.S. 68.07

68.07 Change of name.—

(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides.

(2)(a) Before the court hearing on a petition for a name change, the petitioner must have fingerprints submitted for a state and national criminal history records check, except if a former name is being restored. Fingerprints for the petitioner shall be taken in a manner approved by the Department of Law Enforcement and shall be submitted electronically to the department for state processing for a criminal history records check. The department shall submit the fingerprints to the Federal Bureau of Investigation for national processing. The department shall submit the results of the state and national records check, which must indicate whether the petitioner has registered as a sexual predator or a sexual offender, to the clerk of the court. The court shall consider the results in reviewing the information contained in the petition and evaluating whether to grant the petition.

(b) When a petition is filed which requires a criminal history records check, the clerk of the court shall instruct the petitioner on the process for having fingerprints taken and submitted, including providing information on law enforcement agencies or service providers authorized to submit fingerprints electronically to the Department of Law Enforcement.

(c) The cost of processing fingerprints and conducting the state and national criminal history records check required under this subsection shall be borne by the petitioner for the name change or by the parent or guardian of a minor for whom a name change is being sought.

(3) Each petition shall be verified and show:

(a) That the petitioner is a bona fide resident of and domiciled in the county where the change of name is sought.

(b) If known, the date and place of birth of the petitioner, the petitioner’s father’s name, the petitioner’s mother’s maiden name, and where the petitioner has resided since birth.

(c) If the petitioner is married, the name of the petitioner’s spouse and if the petitioner has children, the names and ages of each and where they reside.

(d) If the petitioner’s name has previously been changed and when and where and by what court.

(e) The petitioner’s occupation and where the petitioner is employed and has been employed for 5 years next preceding the filing of the petition. If the petitioner owns and operates a business, the name and place of it shall be stated and the petitioner’s connection therewith and how long the petitioner has been identified with that business. If the petitioner is in a profession, the profession shall be stated, where the petitioner has practiced the profession, and if a graduate of a school or schools, the name or names thereof, date of graduation, and degrees received.

(f) Whether the petitioner has been generally known or called by any other names and if so, by what names and where.

(g) Whether the petitioner has ever been adjudicated a bankrupt and if so, where and when.

(h) Whether the petitioner has ever been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication, and if so, when and where.

(i) Whether the petitioner has ever been required to register as a sexual predator under s. 775.21 or as a sexual offender under s. 943.0435.

(j) Whether any money judgment has ever been entered against the petitioner and if so, the name of the judgment creditor, the amount and date thereof, the court by which entered, and whether the judgment has been satisfied.

(k) That the petition is filed for no ulterior or illegal purpose and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.

(l) That the petitioner’s civil rights have never been suspended or, if the petitioner’s civil rights have been suspended, that full restoration of civil rights has occurred.

(4) The hearing on a petition for restoring a former name may be held immediately after it is filed. The hearing on any other petition for a name change may be held immediately after the clerk receives the results of the criminal history records check.

(5) On filing the final judgment, the clerk of the court shall, if the birth occurred in this state, send a report of the judgment to the Office of Vital Statistics of the Department of Health on a form to be furnished by the department. The form must contain sufficient information to identify the original birth certificate of the person, the new name, and the file number of the judgment. This report shall be filed by the department with respect to a person born in this state and shall become a part of the vital statistics of this state. With respect to a person born in another state, the clerk of the court shall provide the petitioner with a certified copy of the final judgment.

(6) The clerk of the court must, within 5 business days after the filing of the final judgment, send a report of the judgment to the Department of Law Enforcement on a form to be furnished by that department. If the petitioner is required to register as a sexual predator or a sexual offender pursuant to s. 775.21 or s. 943.0435, the clerk of court shall electronically notify the Department of Law Enforcement of the name change, in a manner prescribed by that department, within 2 business days after the filing of the final judgment. The Department of Law Enforcement must send a copy of the report to the Department of Highway Safety and Motor Vehicles, which may be delivered by electronic transmission. The report must contain sufficient information to identify the petitioner, including the results of the criminal history records check if applicable, the new name of the petitioner, and the file number of the judgment. The Department of Highway Safety and Motor Vehicles shall monitor the records of any sexual predator or sexual offender whose name has been provided to it by the Department of Law Enforcement. If the sexual predator or sexual offender does not obtain a replacement driver license or identification card within the required time as specified in s. 775.21 or s. 943.0435, the Department of Highway Safety and Motor Vehicles shall notify the Department of Law Enforcement. The Department of Law Enforcement shall notify applicable law enforcement agencies of the predator’s or offender’s failure to comply with registration requirements. Any information retained by the Department of Law Enforcement and the Department of Highway Safety and Motor Vehicles may be revised or supplemented by said departments to reflect changes made by the final judgment. With respect to a person convicted of a felony in another state or of a federal offense, the Department of Law Enforcement must send the report to the respective state’s office of law enforcement records or to the office of the Federal Bureau of Investigation. The Department of Law Enforcement may forward the report to any other law enforcement agency it believes may retain information related to the petitioner.

(7) A husband and wife and minor children may join in one petition for change of name and the petition must show the facts required of a petitioner as to the husband and wife and the names of the minor children may be changed at the discretion of the court.

(8) When only one parent petitions for a change of name of a minor child, process shall be served on the other parent and proof of such service shall be filed in the cause; however, if the other parent is a nonresident, constructive notice of the petition may be given pursuant to chapter 49, and proof of publication shall be filed in the cause without the necessity of recordation.

(9) This section does not apply to any change of name in proceedings for dissolution of marriage or for adoption of children.

History.—s. 1, ch. 1324, 1862; RS 1543; GS 2007; RGS 3275; CGL 5083; s. 1, ch. 28159, 1953; s. 1, ch. 29921, 1955; s. 1, ch. 61-152; s. 17, ch. 67-254; s. 1, ch. 67-475; s. 1, ch. 73-300; s. 26, ch. 87-387; s. 1, ch. 94-304; s. 1369, ch. 95-147; s. 1, ch. 95-283; s. 86, ch. 97-237; s. 1, ch. 2004-34; s. 7, ch. 2006-176; s. 1, ch. 2009-173; s. 1, ch. 2014-5; s. 40, ch. 2016-24; s. 4, ch. 2021-156.

Note.—Former ss. 69.02, 62.031.

F.S. 68.07 on Google Scholar

F.S. 68.07 on Casetext

Amendments to 68.07

Arrestable Offenses / Crimes under Fla. Stat. 68.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 68.07.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE BENITEZ,, 250 So. 3d 153 (Fla. App. Ct. 2018)

. . . s name referred to the controlling statute ( section 68.07, Florida Statutes (2016) ) and, for the most . . . For purposes of "date and place of birth," as required in subsection 68.07(3)(b), the amended petition . . . As to subsection 68.07(8), there was and is nothing in the record establishing service on the "other . . . Benitez, but she has not complied with the unambiguous requirements of section 68.07. . . . It seems apparent that the requirement in subsection 68.07(3)(b), requiring that the petition show, " . . .

IN RE AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- NOMENCLATURE, 235 So. 3d 357 (Fla. 2018)

. . . For further information, see Section 68.07, Florida Statutes. . . . For further information, see section 68.07, Florida Statutes. . . . For further information see section 68.07, Florida Statutes, and the instructions for Petition for Change . . . For further information, see section 68.07, Florida Statutes. . . .

KOLB, v. STATE, 230 So. 3d 1243 (Fla. Dist. Ct. App. 2017)

. . . . § 68.07(3)(Z), Fla. Stat. (2016). . . .

IN RE ZIMMER, 207 So.3d 1006 (Fla. Dist. Ct. App. 2017)

. . . Section 68.07, Florida Statutes (2015), sets forth the requirements for a petition for a change of name . . . Zimmer’s petition was facially sufficient as it complied with section 68.07. . . . debtor does not establish that he is seeking the name change for an “ulterior or illegal purpose.” § 68.07 . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 200 So. 3d 1229 (Fla. 2016)

. . . Section 68.07, Florida Statutes, was amended, effective October 1, 2014, to require that the result of . . . Additionally, subsection 68.07(3)(i) requires that petitions for name change must state “whether the . . . For further information, see Section 68.07, Florida Statutes. . . . For further information, see section 68.07, Florida Statutes. . . . For further information, see section 68.07, Florida Statutes. . . .

In MERCHANT,, 185 So. 3d 1282 (Fla. Dist. Ct. App. 2016)

. . . See § 68.07, Fla. Stat. (2014). . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 205 So. 3d 1 (Fla. 2015)

. . . For further information, see Section 68.07, Florida Statutes. . . . For further information, see section 68.07, Florida Statutes. Special notes ... . . . For further information, see section 68.07, Florida Statutes. Special notes ... . . .

C. HARRELL a k a v. STATE, 183 So. 3d 1047 (Fla. Dist. Ct. App. 2015)

. . . Section 68.07(3), Florida Statutes (2013), presents the requirements for a facially sufficient petition . . . petitioner’s civil rights have been suspended, that full restoration of civil rights has occurred.” § 68.07 . . .

In AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 173 So. 3d 19 (Fla. 2015)

. . . For further information, see Section 68.07, Florida Statutes. . . . For further infor: mation, see section 68.07, Florida Statutes. Special notes ... . . . For further information see section 68.07, Florida Statutes, and the instructions for Petition for Change . . . For further information, see section 68.07, Florida Statutes. Special notes ... . . .

NAME CHANGE OF WAGES, Jr. v. STATE, 160 So. 3d 100 (Fla. Dist. Ct. App. 2015)

. . . Section 68.07(3), Florida Statutes (2013), contains detailed requirements for a petition for name change . . .

DOE, v. RUTHERFORD COUNTY, TENNESSEE, BOARD OF EDUCATION,, 86 F. Supp. 3d 831 (M.D. Tenn. 2015)

. . . Moore et al., Moore’s Federal Praotioe § 68.07[2] at 68-60 (3d ed.1997); Harold S. . . .

In A. DUR AN, 155 So. 3d 1256 (Fla. Dist. Ct. App. 2015)

. . . However, he fails to show that he has called his petition up for a hearing, as is contemplated by Section 68.07 . . .

In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 126 So. 3d 228 (Fla. 2013)

. . . (N) Name Change — all matters relating to name change, pursuant to section 68.07, Florida Statutes. . . .

MUHAMMAD, f k a v. TUCKER,, 905 F. Supp. 2d 1281 (S.D. Fla. 2012)

. . . . § 68.07, Mr. . . .

In DOUJIEJI,, 57 So. 3d 960 (Fla. Dist. Ct. App. 2011)

. . . He alleges on appeal that he has satisfied all the requirements of section 68.07(3), Florida Statutes . . .

In AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- FORMS A C AND F, 50 So. 3d 547 (Fla. 2010)

. . . Petition for Change of Name (Family), have become necessary as a result of 2009 amendments to section 68.07 . . . For further information, see Section 68.07, Florida Statutes. Special notes... . . . For further information, see section 68.07, Florida Statutes. Special notes... . . . For further information, see section 68.07, Florida Statutes. Special notes... . . .

H. JORDAN a k a v. ROBINSON, Dr. C., 39 So. 3d 416 (Fla. Dist. Ct. App. 2010)

. . . Appellant’s use of the statutory name change procedure contained in section 68.07, Florida Statutes ( . . . Section 68.07 is a “codification of this common law right ... intended primarily to aid the individual . . . Pursuant to section 68.07, a final judgment reflecting the name change is sent to the Office of Vital . . . However, nothing in section 68.07 bars a person who obtains a name change from using his or her original . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 30 So. 3d 477 (Fla. 2009)

. . . (M) Name Change — all matters relating to name change, pursuant to section 68.07, Florida Statutes. . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 15 So. 3d 558 (Fla. 2009)

. . . (O) Name Change — all matters relating to name change, pursuant to section 68.07, Florida Statutes. . . .

In AMENDMENTS TO FLORIDA FAMILY LAW RULES, 995 So. 2d 407 (Fla. 2008)

. . . changes to the rules and the forms, I write to urge the Legislature to clear up the ambiguity in section 68.07 . . . For further information, see section 68.07, Florida Statutes. Special notes ... . . . For further information, see section 68.07, Florida Statutes. Special notes ... . . .

In HARRIS,, 976 So. 2d 668 (Fla. Dist. Ct. App. 2008)

. . . The trial court determined that Harris lacked standing to seek a name change pursuant to section 68.07 . . . Harris correctly argues that section 68.07(2)(k) does not apply to him because he was convicted before . . .

STOCKING, v. AT T CORPORATION,, 436 F. Supp. 2d 1014 (W.D. Mo. 2006)

. . . Defendant has calculated her potential recovery, after a co-pay deduction, of only $68.07. . . .

FINFROCK, v. STATE, 932 So. 2d 437 (Fla. Dist. Ct. App. 2006)

. . . Section 68.07, Florida Statutes, states that a petition for name change must allege and show, among other . . . petitioner’s civil rights have been suspended, that full restoration of civil rights has occurred.” § 68.07 . . . his motivation for changing his name was without ulterior or illegal motive, a requirement of section 68.07 . . . The effective date of subsection (k) of section 68.07 was June 15, 1995. . . .

In NAME CHANGE PETITION OF MULLIN, a k a, 892 So. 2d 1214 (Fla. Dist. Ct. App. 2005)

. . . I write to express an underlying concern that section 68.07(2)(k), Florida Statutes (2003), may violate . . . The informational content of the petition worked in conjunction with the requirement of section 68.07 . . . Because the 1995 amendment places paragraph (k), and perhaps the balance of section 68.07(2), at risk . . . After a telephonic hearing, the trial court, citing section 68.07, Florida Statutes (2003), denied Mullin . . . Section 68.07(2)(a)-(k) sets forth the information that a petition for a change of name must include . . .

AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS, 891 So. 2d 1016 (Fla. 2004)

. . . The 2004 Florida Legislature amended section 68.07, Florida Statutes (2003), to require a petitioner . . . For further information, see section 68.07, Florida Statutes. Special notes... . . . For further information, see section 68.07, Florida Statutes. Special notes... . . . For further information, see section 68.07, Florida Statutes. Special notes... . . .

REITER, v. METROPOLITAN TRANSPORTATION AUTHORITY OF NEW YORK, MTA L. P. E., 224 F.R.D. 157 (S.D.N.Y. 2004)

. . . Moore, Moore’s Federal Practice § 68.07(3), at 68-41 (3d ed.2004) (indicating that “no sharply articulated . . .

SMITHERS, v. SMITHERS, 804 So. 2d 489 (Fla. Dist. Ct. App. 2001)

. . . While there is a name change procedure set forth in section 68.07, Florida Statutes (1999), names are . . . operation of the common law, irrespective of whether she petitioned for a name change pursuant to section 68.07 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE AND FAMILY LAW FORMS, 810 So. 2d 1 (Fla. 2000)

. . . For further information, see section 68.07, Florida Statutes. Special notes ... . . . For further information, see section 68.07, Florida Statutes. Special notes ... . . . For further information see section 68.07, Florida Statutes, and the instructions for Petition for Change . . . cause came before the Court on {date}_, for a hearing on Petition for Change of Name under section 68.07 . . . For further information, see section 68.07, Florida Statutes. Special notes ... . . .

RYAN n k a v. REHBERG,, 744 So. 2d 1132 (Fla. Dist. Ct. App. 1999)

. . . petitioned the trial court to change his daughter’s last name from Ryan to Rehberg pursuant to section 68.07 . . .

COOLIDGE, f k a v. ULBRICH,, 733 So. 2d 1092 (Fla. Dist. Ct. App. 1999)

. . . Roberts, 559 So.2d 429 (Fla. 4th DCA 1990); § 68.07(8), Fla. Stat. (1997). . . . remand, the trial court may enter a final judgment containing the information specified in section 68.07 . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES, 713 So. 2d 1 (Fla. 1998)

. . . For further information, see section 68.07, Florida Statutes. Special notes ... . . . For further information, see section 68.07, Florida Statutes. Special notes ... . . . For further information see section 68.07, Florida Statutes, and the instructions for Petition for Change . . . For further information, see section 68.07, Florida Statutes. . Special Notes ... . . .

SMITH, v. K. SINGLETARY, Jr., 701 So. 2d 639 (Fla. Dist. Ct. App. 1997)

. . . of the petition without prejudice to file a petition that complies with the requirements of section 68.07 . . .

TRAMMELL, v. CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT,, 696 So. 2d 822 (Fla. Dist. Ct. App. 1997)

. . . that the amended petition sufficiently, though minimally, contains the allegations required by section 68.07 . . . Section 68.07, Florida Statutes (1994), is not applicable to this case. . . .

In SUBER, 675 So. 2d 1021 (Fla. Dist. Ct. App. 1996)

. . . petition for change of name appellant filed in circuit court makes all the allegations required by section 68.07 . . . (2), Florida Statutes (1993), but does not make the additional allegation required by section 68.07(2 . . . petitioner’s civil rights have been suspended, that full restoration of civil rights has occurred. § 68.07 . . . According to the amended section 68.07, Florida Statutes (199[5]), a petition for name change shall be . . . petition for name change without prejudice to challenge the constitutionality and applicability of section 68.07 . . .

AYTON, v. K. SINGLETARY, Jr., 685 So. 2d 855 (Fla. Dist. Ct. App. 1995)

. . . ’s denial without prejudice to file a petition that fully complies with the requirements of section 68.07 . . .

In FAMILY LAW RULES OF PROCEDURE, 663 So. 2d 1049 (Fla. 1995)

. . . D3P" For further information see § 68.07, Florida Statutes. □ A person who is NOT an attorney is called . . .

IKO INDUSTRIES LTD. v. UNITED STATES,, 904 F. Supp. 1389 (Ct. Int'l Trade 1995)

. . . Defendant also points to the Explanatory Notes of Chapter 68, which state Heading 68.07 includes: Roofing . . . Defendant cites the Explanatory Notes of Chapter 68, which state Heading 68.07 includes: Roofing boards . . .

IKO v., 19 Ct. Int'l Trade 1201 (Ct. Int'l Trade 1995)

D. BARTON, v. CIRCUIT COURT OF NINETEENTH JUDICIAL CIRCUIT,, 659 So. 2d 1262 (Fla. Dist. Ct. App. 1995)

. . . Our change of name statute, section 68.07, Florida Statutes, requires that a petition for change of name . . .

HOYOS, v. K. SINGLETARY,, 639 So. 2d 631 (Fla. Dist. Ct. App. 1994)

. . . Thereafter, he filed a facially sufficient petition pursuant to Section 68.07, Florida Statutes (1993 . . .

BROWN, v. In NAME CHANGE,, 611 So. 2d 1355 (Fla. Dist. Ct. App. 1993)

. . . The petition was sworn to and complied with the statutory criteria set forth in section 68.07, Florida . . .

CASEY, v. STATE, 604 So. 2d 1281 (Fla. Dist. Ct. App. 1992)

. . . Appellant’s petition was verified and facially complied with the requirements of section 68.07, Florida . . .

GOSBY, v. THIRD JUDICIAL CIRCUIT,, 586 So. 2d 1056 (Fla. 1991)

. . . . § 68.07(2)(f)-(h). . . . Id. § 68.07(2)(j). . . . See id. § 68.07(3). . . .

In KEPPRO, 573 So. 2d 140 (Fla. Dist. Ct. App. 1991)

. . . The petition was under oath and responded- to each of the statutory criteria set forth in Section 68.07 . . .

In RE SCALA, a II, a, 523 So. 2d 714 (Fla. Dist. Ct. App. 1988)

. . . in her affidavit, to achieve constructive service of process on a non-resident father [see section 68.07 . . .

MUHAMMAD, v. L. WAINWRIGHT, C. L. R. R., 839 F.2d 1422 (11th Cir. 1987)

. . . Subsequently, Knight converted to Islam and, pursuant to Fla.Stat. sec. 68.07, legally changed his name . . .

In DAVIS, v. STATE, 510 So. 2d 1124 (Fla. Dist. Ct. App. 1987)

. . . In its brief the State conceded that appellant’s petition facially appears to comply with section 68.07 . . .

PILCH, v. PILCH, Jr., 447 So. 2d 989 (Fla. Dist. Ct. App. 1984)

. . . prenuptial name on the sole ground that even though she had met all the statutory requirements of Section 68.07 . . .

ISOM, v. CIRCUIT COURT OF TENTH JUDICIAL CIRCUIT,, 437 So. 2d 732 (Fla. Dist. Ct. App. 1983)

. . . Appellant’s petition was sworn to and facially complied with all of the requirements of section 68.07 . . . Names § 11; see also In re Hooper, 436 So.2d 401 (Fla. 2d DCA 1983); § 68.07(j), Fla.Stat. (1981). . . .

In HOOPER,, 436 So. 2d 401 (Fla. Dist. Ct. App. 1983)

. . . Section 68.07, Florida Statutes (1981), which contains requirements to be met to authorize a name change . . .

Co. v., 228 Ct. Cl. 772 (Ct. Cl. 1981)

. . . The Electrical Division, Section 16505, Paragraph 68, Subparagraph 68.07(a) specified the furnishing . . . Subparagraph 68.07(b) required the installation of 18 service outlet fittings to be installed as directed . . . In its cross-motion for summary judgment, the Government insists that Subparagraphs 68.07(a) and (b) . . .

In EASTERN FREIGHT WAYS, INC. B. GLUCK, v. SEABOARD SURETY COMPANY, J., 577 F.2d 175 (2d Cir. 1978)

. . . See 4 Collier on Bankruptcy H 68.07 (14th ed. 1978). . . .

In DIPLOMAT ELECTRIC, INC. G. MILLER, Jr. C. H. J. A. V. V. v. WESTINGHOUSE ELECTRIC SUPPLY COMPANY, a, 499 F.2d 342 (5th Cir. 1974)

. . . See, for instance, 4 Collier on Bankruptcy, 14th Ed., Sec. 68.07, pps. 888-890; 9 Am.Jur.2d, Bankruptcy . . .

PAN- AMERICAN LIFE INSURANCE COMPANY, a v. FUENTES, FUENTES, v. PAN- AMERICAN LIFE INSURANCE COMPANY, a, 258 So. 2d 8 (Fla. Dist. Ct. App. 1971)

. . . that the net proceeds calculated as follows :— Amount of Policy $5,000.00 Pesos Coupons Plus Interest 68.07 . . .