In Re: Amendments to the Florida Supreme Court Approved Family Law Forms

200 So. 3d 1229, 41 Fla. L. Weekly Supp. 411, 2016 Fla. LEXIS 2136, 2016 WL 5940106
CourtSupreme Court of Florida
DecidedSeptember 29, 2016
DocketSC16-1253
StatusPublished

This text of 200 So. 3d 1229 (In Re: Amendments to the Florida Supreme Court Approved Family Law Forms) 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, 200 So. 3d 1229, 41 Fla. L. Weekly Supp. 411, 2016 Fla. LEXIS 2136, 2016 WL 5940106 (Fla. 2016).

Opinion

Supreme Court of Florida ______________

No. SC16-1253 ______________

IN RE: AMENDMENTS TO THE FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS.

[September 29, 2016]

PER CURIAM.

Pursuant to the procedures approved by this Court in Amendments to the

Florida Family Law Rules of Procedure & Family Law Forms, 810 So. 2d 1, 14

(Fla. 2000), this Court has internally reviewed the Florida Supreme Court

Approved Family Law Forms and has determined that amendments to 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)

are necessary in light of certain statutory amendments. Input on these issues was

received from the Advisory Workgroup on the Florida Supreme Court Approved

Family Law Forms, which provided valuable assistance. We have jurisdiction. See

art. V, § 2(a), Fla. Const. Section 68.07, Florida Statutes, was amended, effective October 1, 2014, to

require that the result of a state and national criminal history records check for the

purposes of obtaining a name change must indicate whether the petitioner has

registered as a sexual predator or sexual offender. See ch. 2014-5, § 1, Laws of

Fla. Additionally, subsection 68.07(3)(i) requires that petitions for name change

must state “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.” § 68.07(3)(i),

Fla. Stat. (2014). The amendments to the forms incorporate this new requirement.

The amended forms are adopted as set forth in the appendix to this opinion,

fully engrossed, effective for immediate use. The forms may also be accessed and

downloaded from the Florida State Court’s website at

http://www.flcourts.org/resources-and-services/court-improvement/problem-

solving-courts/family-courts/family-law-forms.stml. By adoption of the amended

forms, we express no opinion as to their correctness or applicability. We also

direct that the new and amended forms be published for comment. Interested

persons shall have sixty days from the date of this opinion to file comments with

the Court.1

1. All comments must be filed with the Court on or before November 28, 2016, as well as a separate request for oral argument if the person filing the -2- It is so ordered.

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

THE FILING OF A MOTION FOR REHEARING SHALL NOT ALTER THE EFFECTIVE DATE OF THESE AMENDMENTS.

Original Proceeding – Florida Supreme Court Approved Family Law Forms

comment wishes to participate in oral argument, which may be scheduled in this case. If filed by an attorney in good standing with The Florida Bar, the comment must be electronically filed via the Portal in accordance with In re: Electronic Filing in the Supreme Court of Florida via the Florida Courts E-Filing Portal, Fla. Admin. Order No. AOSC13-7 (Feb. 18, 2013). If filed by a non-lawyer or a lawyer not licensed to practice in Florida, the comment must be electronically filed via e-mail in accordance with In re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). Electronically filed documents must be submitted in Microsoft Word 97 or higher. Any person unable to submit a comment electronically must mail or hand deliver the originally signed comment to the Florida Supreme Court, Office of the Clerk, 500 South Duval Street, Tallahassee, Florida 32399-1927; no additional copies are required or will be accepted. -3- INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(a) PETITION FOR CHANGE OF NAME (ADULT) (09/16)

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 with 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. Please note that the state and national criminal records check must indicate whether you have registered as a sexual predator or a sexual offender and you must also indicate on this petition whether you have ever been required to register as a sexual predator under section 775.21, Florida Statutes, or as a sexual offender under section 943.0435, F.S.

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

Instructions for Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (09/16) -4- 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.

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200 So. 3d 1229, 41 Fla. L. Weekly Supp. 411, 2016 Fla. LEXIS 2136, 2016 WL 5940106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-amendments-to-the-florida-supreme-court-approved-family-law-forms-fla-2016.