In re Amendments to the Florida Supreme Court Approved Family Law Forms—Forms 12.982(a), 12.982(c), and 12.982(f)

50 So. 3d 547, 35 Fla. L. Weekly Supp. 385, 2010 Fla. LEXIS 1222, 2010 WL 2541120
CourtSupreme Court of Florida
DecidedJune 24, 2010
DocketNo. SC10-828
StatusPublished
Cited by1 cases

This text of 50 So. 3d 547 (In re Amendments to the Florida Supreme Court Approved Family Law Forms—Forms 12.982(a), 12.982(c), and 12.982(f)) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Amendments to the Florida Supreme Court Approved Family Law Forms—Forms 12.982(a), 12.982(c), and 12.982(f), 50 So. 3d 547, 35 Fla. L. Weekly Supp. 385, 2010 Fla. LEXIS 1222, 2010 WL 2541120 (Fla. 2010).

Opinion

PER CURIAM.

This matter is before the Court for consideration of amendments to the Florida Supreme Court Approved Family Law Forms. We have jurisdiction. See art. V, § 2(a), Fla. Const.

Under Amendments to the Florida Family Law Rules of Procedure and Family Law Forms, 810 So.2d 1, 13-14 (Fla.2000), the Court internally reviews and maintains the Florida Supreme Court Approved Family Law Forms. Revisions to Florida Supreme Court Approved Family Law Forms 12.982(a), Petition for Change of Name (Adult), 12.982(c), Petition for Change of Name (Minor Child(ren)), and 12.982(f), Petition for Change of Name (Family), have become necessary as a result of 2009 amendments to section 68.07, Florida Statutes. See Ch. 2009-173, Laws of Fla. The amendments are meant to reflect the new fingerprinting and criminal history records check requirements and the clarified hearing and costs provisions under the amended statute. Other minor and editorial amendments are also made.

Accordingly, the Florida Supreme Court Approved Family Law Forms are hereby amended as set forth in the appendix to this petition, fully engrossed and ready for use. The amendments shall become effective immediately upon release of this opinion. Because the amendments were not published for comment prior to adoption, interested persons shall have sixty days from the date of this opinion in which to file comments with the Court.1 By adoption of these forms, we express no opinion as to their correctness or applicability, or on the substance of the relevant legislation. The forms discussed herein may also be accessed and downloaded from the Florida State Courts website at www. flcourts.org/gen_public/family/formsmmles/ index.shtml.

It is so ordered.

QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.

APPENDIX

INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(a), PETITION FOR CHANGE OF NAME (ADULT) (06/10)

When should this form be used?

This form should be used when an adult wants the court to change his or her name. This form is not to be used in connection [548]*548with a dissolution of marriage or for adoption of child(ren). If you want a change of name because of a dissolution of marriage or adoption of child(ren) that is not yet final, the change of name should be requested as part of that case.

This form should be typed or printed in black ink and must be signed before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records

What should I do next?

Unless you are seeking to restore a former name, you must have fingerprints submitted for a state and national criminal records check. The fingerprints must be taken in a manner approved by the Department of Law Enforcement and must be submitted to the Department for a state and national criminal records check. You may not request a hearing on the petition until the clerk of court has received the results of your criminal history records check. The clerk of court can instruct you on the process for having the fingerprints taken and submitted, including information on law enforcement agencies or service providers authorized to submit fingerprints electronically to the Department of Law Enforcement. The process may take several weeks and you will have to pay for the cost of processing the fingerprints and conducting the state and national criminal history records check.

Next, you must obtain a hearing date for the court to consider your request. If you are seeking to restore a former name, a hearing on the petition MAY be held immediately after the petition is filed. The final hearing on any other petition for a name change may be held immediately after the clerk of court receives the results of your criminal history records check. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You may be required to attend the final hearing. Included in these forms is a Final Judgment of Change of Name (Adult), Florida Supreme Court Approved Family Law Form 12.982(b), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant, to see if you need to bring a final judgment form with you. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties’ names, and leave the rest blank for the judge to complete at your hearing or trial.

If the judge grants your petition, he or she will sign this order. This officially changes your name. The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you the amount of the charges.

Where can I look for more information?

Before proceeding, you should read General Information for Self-Represented Litigants found at the beginning of these forms. For further information, see Section 68.07, Florida Statutes.

Special notes...

The heading of the form calls for the name of the petitioner. Your current name should go there, as you are the one who is asking the court for something. The judicial circuit, case number, and division may be obtained from the clerk of court’s office when you file the petition.

It may be helpful to compile a list of all of the people and/or places that will need a copy of your final judgment. This list may include the driver’s license office, social security office, banks, schools, etc. A list [549]*549will help you know how many copies of your order you should get from the clerk of court after your hearing.

Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from IN THE CIRCUIT COURT OF THE_ IN AND FOR_

Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. _JUDICIAL CIRCUIT, _COUNTY, FLORIDA

Case No.:__

Division:_

Petitioner.

PETITION FOR CHANGE OF NAME (ADULT)

I,{full legal name} _, being sworn, certify that the following information is true:

1. My complete present name is:_. I request that my name be changed to:_.

2. I live in_County, Florida, at {street address} _

3. I was born on {date}_, in {city}_, {county}_, {state}_, {country}_,

4. My father's full legal name:_. My mother's full legal name:_. My mother's maiden name:_

5. I have lived In the following places since birth: Dates (to/from) Address

/

/ - _ (_Please Indicate here If you are continuing these facts on an attached page.)

6. Family

[Choose all that apply]

a._I am not married.

b._I am married. My spouse's full legal name is:_

c. _I do not have child(ren).

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Related

In Re Amend. to Family Law Form 12.982
50 So. 3d 547 (Supreme Court of Florida, 2010)

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Bluebook (online)
50 So. 3d 547, 35 Fla. L. Weekly Supp. 385, 2010 Fla. LEXIS 1222, 2010 WL 2541120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-supreme-court-approved-family-law-fla-2010.