In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS
Opinion
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-eourts/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
It is so ordered.
APPENDIX
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 children). 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 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.
*1231 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.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration, 'if you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516.
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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-eourts/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
It is so ordered.
APPENDIX
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 children). 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 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.
*1231 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.
IMPORTANT INFORMATION REGARDING E-FILING
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.
IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration, 'if you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY EMAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.
To serve and receive documents by email, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your email address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
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 will help you know how many copies of your order you should get from the clerk of court after your hearing.
*1232 Remember, a person who is NOT an attorney is called a nonlawyer. If a non-lawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill odt 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.
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*1233 _I do not have child(ren),
_The name(s), age(s), and address(es) of my child(ren) are as follows (all children, including those over 18, must be listed):
Name {last, first, middle initial} Age Address, City, State
(_Please Indicate here If you are continuing these facts on an attached page.)
7.Former names
[Indicate all that apply]
_My name has never been changed by a court.
_My name previously was changed by court order from_ to_on {date}_ by {court, city, and state}_
A copy of the court order is attached.
_My name previously was changed by marriage from_ to_on {date}_ in {city, county, and state}_
A copy of the marriage certificate is attached.
_I have never been known or called by any other name.
_I have been known or called by the following other name(s): {list name(s) and explain where you were known or called by such name(s)}_
8.Occupation
My occupation Is: _
I am employed at: {company and address}
During the past 5 years, I have had the following jobs:
Dates (to/from) Employer and employer’s address
/ _ _ / _ / _ _/_ _ / _
(_Please indicate here If you are continuing these facts on an attached page.)
9.Business [Choose one only]
Instructions for Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (09/16)
*1234 _I do not own and operate a business.
_I own and operate a business. The name of the business is:_
The street address is:_
My position with the business is:_
I have been involved with the business since: {date/„_
10. Profession
[Choose one only]
_I am not In a profession.
_I am in a profession. My profession is:_ I have practiced this profession:
Dates (to/from) Place and address
_/_ /_ _ ../_ / _ (_Please Indicate here If you are continuing these facts on an attached page.)
11. Education
I have graduated from the following school(s):
Degree Date of
Received Graduation School
(_Please indicate here if you are continuing these facts on an attached page.)
12.Criminal History
_I have never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication.
_I have a criminal history. In the past I have been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of my criminal history are:
Date City/State Event (arrest, charge, plea, or adjudication)
(_Please indicate here if you are continuing these facts on an attached page,)
Instructions for Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (09/16)
*1235 I_have_have not ever been required to register as a sexual predator under section 775.21, Florida Statutes.
I__have_have not ever been required to register as a sexual offender under section 943.0435, Florida Statutes.
13. Bankruptcy
lChoose one only]
_I have never been adjudicated bankrupt.
__ I was adjudicated bankrupt on {date}_In {city}_, {county}_, {state}_
(_Please indicate here if you have filed additional bankruptcies, and explain on an attached page.)
14. Creditor(s)' Judgments
_i have never had a money Judgment entered against me by a creditor,
_The following creditor(s)' money judgment^) have been entered against me:
Date Amount Creditor Court entering judgment and case number {date} if Paid
(_Please indicate here if these facts are continued on an attached page.)
15. Fingerprints and Criminal History Records Check
Unless I am seeking to restore a former name, a copy of my fingerprints has been taken in a manner approved by the Department of Law Enforcement and submitted for a state and national criminal history records check. I understand that I cannot request a hearing on my Petition until the Clerk of Court receives the results of the criminal history records check. I also understand that the state and national records check must indicate whether I have registered as either a sexual predator or sexual offender.
16. I have no ulterior or illegal purpose for filing this petition, and granting it will not in any manner Invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.
17. My civil rights have never been suspended, or, if my civil rights have been suspended, they have been fully restored.
Instructions for Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (09/16)
*1236 I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Dated:_ _ Signature of PETITIONER
Printed Name:_
Address:_
City, State, Zip:_
Telephone Number:_
Fax Number: _
Designated E-Mail Address(es):.
STATE OF FLORIDA
COUNTY OF_
Sworn to or affirmed and signed before me on_by.
NOTARY PUBLIC or DEPUTY CLERK
[Print, type, or stamp commissioned name of notary or deputy clerk.]
_ Personally known
_ Produced identification
_ Type of Identification produced_
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill In all blanks] This form was prepared for the Petitioner.
This form was completed with the assistance of:
(name of individual]_,
(name of business]_,
[address] ,
[city]_, [state]_,{zip code]_,{telephone number]_
Instructions for Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (09/16)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(c)
PETITION FOR CHANGE OF NAME (MINOR CHILD(REN)) (09/16)
This form should be used when parents want the court to change the name of them minor children). For the purposes of this proceeding, a person under the age of 18 is a minor. This form is not to be used in connection with an adoption, dissolution of marriage, or paternity action. If you want a change of name for your children) because of an adoption or paternity action 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 *1237 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. The Petition should only be completed by one Petitioner for one child. If you wish to change the name of more than one child or if there is more than one Petitioner, you should complete and file a Supplemental Form for Petition for Change of Name (Minor Child) for each child and/or a Supplemental Form for Petition for Change of Name. The supplemental form(s) is an attachment to. the petition. Be sure that the bottom of each page of each supplemental form is initialed by the petitioner(s).
Unless you are seeking to restore a former name, each adult petitioner(s)’s fingerprints must be submitted for a state and national criminal history records check. The fingerprints must be taken in a manner approved by the Department of Law Enforcement. The fingerprints must be submitted to the Department of Law Enforcement for a state and national criminal history records check. The Petitioner(s) may not request a hearing on the Petition until the copy of the fingerprints are filed and the clerk of court has received the results of the 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 the parent or guardian of the minor must pay the cost of processing the fingerprints and conducting the state and national history records check. Please note that the state and national criminal records check must indicate whether you have registered as either 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, Florida Statutes.
If both parents agree to the change of name' and live in the county where the change of name is sought, you may both file as petitioners. In this situation, service is not necessary, and you need only to set a hearing. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing.
If only one parent is a resident of the county where the change of name(s) is sought of only one parent asks for the child(ren)’s name(s) to be changed, the other parent must be notified and his or her consent obtained, if possible. If the other parent consents to the change of name, a Consent for Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(d), should be filed.
If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service. If you absolutely do not know where he or she fives, you may use constructive service. For more information about personal and constructive service, you should refer [to] the “General Instructions for Self-Represented Litigants” found at the beginning of these forms and the instructions to Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law Form 12.913(a). However, the law regarding constructive service is very complex and *1238 you may wish to consult an attorney regarding that issue.
Next, you must obtain a final 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 hearing. Included in these forms is a Final Judgment of Change of Name (Minor Child(ren),), Florida Supreme Court Approved Family Law Form 12.982(e), which may be used when a judge grants a change of name for a minor child(ren). If you attend the hearing, you should take the final judgment with you. You should complete the top part of the form, including the circuit, county, case number, division, and the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink.
If the judge grants your petition, he or she will sign this order. This officially changes your child(ren)’s name(s). 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.
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain- circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically) you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You , may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY EMAIL; HOWEVER, THEY ARE NOT *1239 REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by email, the procedures must always be followed once the initial election is made.
To serve and receive documents by email, you must designate your e-mail ad-di’esses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your email address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
The heading of the form calls for the name(s) of the petitioner(s). This means the parent(s) who is (are) requesting the change of their child(ren)’s name(s). 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 places that will need a copy of the final judgment. This list may include the driver’s license office, social security office, banks, schools, etc. A list will 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 non-lawyer helps you fill out these forms, that person must give you a copy of a Disclosure from 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.
*1240 INTHE CIRCUIT COURT OF THE IN AND FOR_ _JUDICIAL CIRCUIT, _COUNTY, FLORIDA
Case No.:_
Division:_
IN RE: THE NAME CHANGE OF
Petitioner/Father,
Petitioner/Mother,
PETITION FOR CHANGE OF NAME (MINOR CHILD (REN))
l/We, (full legal namefs)}_, being sworn, certify that the fallowing information is true:
I am/We are the birth or legal parent(s) or guardian of the minor child(ren) named in this petition. [Choose only one]
a. _There is only one minor child named in this petition.
b. _There are [enter number of children}_children named in this petition. The information on the first child Is entered below. I/We have attached the completed supplemental forms for each other child.
The adult petitioner(s)'s fingerprints have been taken in a manner approved by the Department of Law Enforcement and submitted for a state and national criminal history records check. I /We understand that l/we cannot request a hearing on my/our Petition until the clerk of court receives the results of the criminal history records check. I/We also understand that the state and national records check must indicate whether l/we have registered as either a sexual predator or a sexual offender.
A. THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # 1 :
X. Minor child's complete present name is:
I/We request that this minor child's name be changed to:
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (09/16)
*1241 2.The minor child lives in_County, Florida, at {street address}
3.The minor child was born on {date}_, in {city, county, state, country}
4. The minor child's father's full legal name:_,
The minor child's mother's full legal name:_,
The minor child's mother's maiden name:_
5. The minor child has 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. [Choose one only]
_The minor child is not married.
_The minor child is married to: {full legal name}_.
7. [Choose one only]
_The minor child has no children.
_The minor child is the parent of the following chiid(ren): {enter full name(s) and date(s) of birth}_.
8. Former names.
_The minor child's name has never been changed by a court.
_The minor child's name previously was changed by court order from_ to_on {date}_, by {court, city, and state}_ A copy of the court order is attached.
_The minor child's name previously was changed by marriage from ___ to_on {date}_, in {city, county, and state)_
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (09/16)
*1242 _The minor child has never been known or called by any other name.
The minor child has been known or called by the following other name(s): {list name(s) and explain where child was known or called by such name(s)}_
9,The minor child is not employed In an occupation or profession, does not own and operate a business, and has received no educational degrees. If the minor child has a job, explain;
10.Criminal History.
_ The minor child has never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication.
_ The minor child has a criminal history. In the past, the minor child was arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of the criminal history are:
Date City/State Event (arrest, charge, plea, or adjudication)
(_Please Indicate here If you are continuing these facts on an attached page.)
__The minor child ___ has_has not ever been required to register as a sexual predator under section 775,21, Florida Statutes.
_The minor child_has_has not ever been required to register as a sexual offender under section 943.0435, Florida Statutes
11,Money Judgments.
_ The minor child has never been adjudicated bankrupt, and no money Judgment has ever been entered against him or her.
__ The following money Judgment(s) has been entered against him or her:
Date Amount Creditor . Court entering judgment and case number if Paid [date]
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (09/16)
*1243 B, THE FOLLOWING INFORMATION IS TRUE ABOUT PETITIONER(S):
{ ) FATHER ( ) MOTHER ( ) GUARDIAN
( ) A Supplemental Form has been attached for the other parent or petitioner.
1. My complete present name is:_
2. I live in_County, Florida, at {street address}_
3. Bankruptcy
_I was adjudicated bankrupt on {date}_, in {city}_, {county}_, {state}_,
(_Please Indicate here if you have filed additional bankruptcies, and explain bn an attached page.)
4. Creditors)' Judgments
_I have never had a money judgment entered against me by a creditor.
_The following creditor(s)' money judgment(s) have been entered against me:
Date Amount Creditor Court entering judgment and case number if Paid {date}
5.Criminal History
Indicate all that apply
_I have never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication,
_I have a criminal history. In the past I have been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of my criminal history are:
Date City/State Event (arrest, charge, plea, or adjudication)
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Chlld(ren)) (09/16)
*1244 (_Please indicate here if you are continuing these facts on an attached page.)
I_have_have not ever been required to register as a sexual predator under section 775.21, Florida Statutes.
I_have_have not ever been required to register as a sexual offender under section 943.0435, Florida Statutes.
6. I have no ulterior or illegal purpose for filing this petition, and granting It will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.
7. My civil rights have never been suspended, or, if ever suspended, they have been fully restored.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Address;_
Fax Number;_
STATE OF FLORIDA COUNTY OF_
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (09/16)
*1245 [Print, type, or stamp commissioned name of notary or deputy clerk.]
Personally known
Produced identification
Type of identification produced
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the Petitioner.
{name of individual}_
{name of business}_
{address}_
{city}_, {state}_,{zip code}_/{telephone number}_
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Chlld(ren)) (09/16)
*1246 ADULT SUPPLEMENTAL FORM FOR PETITION FOR CHANGE OF NAME (MINOR CHILDREN)
THE FOLLOWING INFORMATION IS TRUE ABOUT PETITIONER(S):
( ) FATHER ( ) MOTHER ( ) GUARDIAN
1.My complete present name is: ■_,_
2.I live In_County, Florida, at {street address}
3.Bankruptcy [Choose one only]
_I was adjudicated bankrupt on {date)_, In {city}_, {county}_, {state}_.
{_Please indicate here If you have filed additional bankruptcies, and explain on an attached page.)
4.Creditor(s)' Judgments
[Choose one only}
_I have never had a money judgment entered against me by a creditor.
_The following credltor(s)' money judgment(s) have been entered against me:
Date Amount Creditor Court entering judgment and case number if Paid {date}
(_Please indicate here If these facts are continued on an attached page.)
5. Criminal History
_I have never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication.
_I have a criminal history. In the past I have been arrested for or charged with, pled guilty
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (09/16)
*1247 or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of my criminal history are:
Date City/State Event (arrest, charge, plea, or adjudication)
(_Please Indicate here if you are continuing these facts on an attached page.)
I_have_have not ever been required to register as a sexual predator under section 775.21, Florida Statutes,
I_have_have not ever been required to register as a sexual offender under section 943.0435, Florida Statutes.
6. I have no ulterior or illegal purpose for filing this petition, and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.
7. My civil rights have never been suspended, or, if ever suspended, they have been fully restored.
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (09/16)
*1248 I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
Address: _• .
[Print, type, or stamp commissioned name of notary or deputy clerk.]
IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the Petitioner.
(name of individual}_
{address}__
{city}_, {state}_,{zip code}_,{telephone number}_
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (09/16)
*1249 SUPPLEMENTAL FORM FOR PETITION FOR CHANGE OF NAME (MINOR CHILD(REN))
THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD #_:
1.Minor child's complete present name is;
l/We request that this minor child's name be changed to:
2.The minor child lives in_County, Florida, at {street address}
3.The minor child was born on {date}_, in {city, county, state, country}
4. The minor child's father's full legal name:_
The minor child's mother's full legal name:_
The minor child’s mother's maiden name:_
5. The minor child has lived in the following places since birth:
/_ _
/__
(_Please indicate here If you are continuing these facts on an attached page,)
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (09/1S)
*1250 MINOR CHILD#_F continued
_The minor child is married to: [full legal name}_,.
_The minor child has no children,
_The minor child is the parent of the following child(ren): [enter full name(s) and date(s) of birth}_.
_The minor child's name has never been changed by a court,
_The minor child's name previously was changed by court order from_ to___on {date}_, by [court, city, and state}_.
_The minor child's name previously was changed by marriage from_ to_on {date}_, in [city, county, and state}_.
_The minor child has never been known or called by any other name.
_The minor child has been known or called by the following other name(s): [list namefs} and explain where child was known or called by such name(s}}__
9.The minor child is not employed in an occupation or profession, does not own and operate a business, and has received no educational degrees. If the minor child has a job, explain:
10,Criminal History,
_ The minor child has never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication.
_ The minor child has a criminal history. In the past, the minor child was arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of the criminal history are:
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren)) (09/16)
*1251 MINOR CHILD #_continued
Date City/State Event (arrest, charge, plea, or adjudication) (_Please indicate here if you are continuing these facts on an attached page.)
_The minor child_has_has not ever been required to register as a sexual predator under section 775.21, Florida Statutes.
_The minor child_has_has not ever been required to register as a sexual offender under section 943.0435, Florida Statutes
11. Money Judgments.
_ The minor child has never been adjudicated bankrupt, and no money judgment has ever been entered against him or her.
_ The following money judgment(s) has been entered against him or her:
Date Amount Creditor Court entering judgment and case number (date) If Paid
Instructions for Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Chlld(ren)) (09/16)
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(f) PETITION FOR CHANGE OF NAME (FAMILY) (09/16)
This form should be used when a family wants the court to change its name. This form is not to be used in connection with a dissolution of marriage, paternity, or adoption action. If you want a change of name because of a dissolution of marriage, paternity, or adoption action that is not yet final, the change of name should be requested as part of that case.
*1252 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. The petition should only be completed for one adult. If you wish to change the name(s) of another adult and/or any child(ren), you should complete and file with the clerk of court the attached Supplemental Form(s) for Petition for Change of Name (Family) for each additional family member. Be sure that the bottom of each page of each supplemental form is initialed.
Unless you are seeking to restore a former name, each adult petitioner must have fingerprints submitted for a state and national criminal history 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 history 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 finger prints 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 either 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, Florida Statutes.
If any of the children for whom you are requesting this change of name are not the legal children of both adults filing this petition, you must obtain the consent of the legal parent(s). A parent not named as a petitioner in this action may consent by submitting a Consent for Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(d).
If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer to the “General Instructions for Self-Represented Litigants” found at the beginning of these forms and the instructions to Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law Form 12.913(a). The law on constructive service is very complex and you may wish to consult an attorney regarding constructive service.
Next, you must obtain a final hearing date for the court to consider your request. If you are seeking to restore a former name, 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 ciiminal history records check. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting *1253 a hearing. You may be required to attend the hearing. Included in these forms is a Final Judgment of Change of Name (Family), Florida Supreme Court Approved Family Law Form 12.982(g), which may be used when a judge grants a change of name for a family. If you attend the hearing, you should take the final judgment form with you. You should complete the top part of this form, including the circuit, county, case number, division, the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink.
If the judge grants your petition, he or she will sign this order. This officially changes your family’s 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.
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.
The Florida Rules of Judicial Administration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or other documents electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed.
After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents required or permitted to be served on the other party must be served by electronic mail (e-mail) except in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Filing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Started, or Rules of Court in the A-Z Topical Index.
SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY EMAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made.
To serve and receive documents by email, you must designate your e-mail addresses by using the Designation of Current Mailing and E-mail Address, Florida Supreme Court Approved Family Law Form 12.915, and you must provide your email address on each form on which your signature appears. Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address, Florida Supreme *1254 Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516.
The heading of the form calls for the name(s) of the petitioner(s). This is (are) the parent(s) who is/are requesting the change of their family’s name(s). 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 places that will need a copy of the final judgment. This list may include the driver’s license office, social security office, banks, schools, etc. A list will 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 non-lawyer helps you fill out these forms, that person must give you a copy of a Disclosure from 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.
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. 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 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.
200 So. 3d 1229 (In Re AMENDMENTS TO the FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.