18 Nov Florida Name Change Process Guide for Miami Courts
Summary
This guide explains the Florida name change process, including filing requirements, criminal background checks, court hearings, and final judgments under Florida Statutes section 68.07. It also covers costs, certified copies, and how Miami courts process legal name changes.
The Florida name change process is governed primarily by Florida Statutes section 68.07 and related procedural rules. Individuals living in Miami and throughout Florida often seek a legal name change for personal, cultural, or family reasons. While the process may appear straightforward, the Florida name change process involves specific statutory requirements, criminal background checks, court review, and administrative procedures that must be followed precisely. Understanding these requirements helps ensure that a petition for change of name is granted efficiently by a Florida circuit court.
In Miami and other Florida jurisdictions, a name change petition must be filed in the circuit court of the county where the petitioner resides. The statute governing name changes provides the legal framework for filing, verification of the petition, criminal background screening, and issuance of a final judgment. Courts must also evaluate whether the requested name change is sought for legitimate purposes and not for fraudulent or wrongful reasons. Florida appellate courts have repeatedly emphasized that when a petition meets the statutory requirements and is not filed for an improper purpose, the trial court generally should grant the requested name change. See In re Name Change in re A.T., 353 So. 3d 1266 (Fla. 5th DCA 2023).
Legal Framework Governing the Florida Name Change Process
The primary statute governing the Florida name change process is section 68.07 of the Florida Statutes. This statute establishes jurisdiction, filing requirements, and procedural safeguards designed to prevent fraud and protect public records. Under section 68.07, a person residing in Florida may petition the circuit court for a change of name by filing a verified petition in the county of residence.
The statute requires that the petition contain detailed identifying information about the petitioner. This information typically includes the petitioner’s date and place of birth, the names of the petitioner’s parents, the petitioner’s current residence, and a list of prior residences. These disclosures allow the court to verify identity and ensure that the petition is not intended to evade legal obligations or criminal liability.
Florida courts reviewing name change petitions apply the statutory requirements strictly while recognizing the fundamental right of individuals to choose their legal identity. The Florida appellate courts have recognized that courts should approve a name change when the petition complies with statutory requirements and there is no evidence of fraud or improper motive. See In re Name Change of Williams, 335 So. 3d 145 (Fla. 4th DCA 2022).
Jurisdiction and Filing Requirements
Under Florida Statutes section 68.07, jurisdiction over a name change petition lies in the circuit court of the county where the petitioner resides. For individuals living in Miami-Dade County, the petition must be filed in the Eleventh Judicial Circuit Court located in Miami.
The petition must be verified, meaning that it must be signed under oath before a notary or other authorized official. Verification confirms that the petitioner has provided truthful information and understands that false statements could result in legal consequences.
The petition must contain several required elements. These include the petitioner’s full legal name, the requested new name, and a statement explaining that the petition is filed in good faith. Courts may also require disclosure of any prior name changes and any criminal history that may be relevant to the petition.
The Florida Supreme Court has approved standardized forms for name change petitions to ensure consistency across Florida courts. These forms were revised in administrative proceedings concerning the Florida Family Law Forms. See In re Amendments to the Florida Supreme Court Approved Family Law Forms, 205 So. 3d 1 (Fla. 2015); In re Amendments to the Florida Supreme Court Approved Family Law Forms, 50 So. 3d 547 (Fla. 2010).
Criminal History Records Check Requirement
One of the most important components of the Florida name change process is the requirement for a criminal history records check. Under Florida Statutes section 68.07, adult petitioners seeking a name change must submit fingerprints for a state and national criminal background check.
The fingerprints must be submitted electronically through a method approved by the Florida Department of Law Enforcement. The Florida Department of Law Enforcement processes the fingerprints and forwards them to the Federal Bureau of Investigation for national database screening.
The results of the criminal history check are then transmitted to the clerk of the court. The clerk provides the results to the judge assigned to review the petition. This screening process helps ensure that individuals are not attempting to change their names to evade criminal prosecution, avoid creditors, or conceal their identity.
Local administrative orders also govern the confidentiality and processing of criminal history information in name change cases. For example, administrative orders issued by the Fifteenth Judicial Circuit address procedures for handling criminal history information and maintaining confidentiality. See Fla. 15th Jud. Cir. AO 5.110-5/17; Fla. 15th Jud. Cir. AO 5.112.
Confidentiality of Criminal History Records
Criminal history information obtained during the Florida name change process is confidential. Federal regulations and Florida judicial administrative rules restrict the public disclosure of this information. Courts and clerks must ensure that criminal history records obtained for name change petitions are not improperly disclosed to the public.
This confidentiality requirement protects sensitive information while still allowing courts to evaluate whether a requested name change is appropriate. The confidentiality protections also ensure that individuals are not unnecessarily stigmatized by the disclosure of background information obtained solely for the purpose of reviewing a name change petition.
Court Review and Hearing Requirements
After the petition is filed and the criminal background check results are received, the court reviews the petition for compliance with Florida law. In many cases, the court will schedule a hearing to allow the petitioner to confirm the information contained in the petition.
If the petition seeks restoration of a former name, the hearing may occur immediately after filing. However, if the petition involves a different name change request, the hearing generally must occur only after the criminal history records check has been completed.
At the hearing, the judge typically confirms the petitioner’s identity, verifies residency, and asks whether the name change is requested for a legitimate reason. Courts may also ask whether the petitioner has any pending criminal cases or financial obligations that might be affected by the name change.
If the petition is legally sufficient and the court determines that the request is not fraudulent or otherwise improper, the court generally grants the petition. Florida appellate courts have emphasized that trial courts must articulate a factual basis if they deny a legally sufficient name change petition. See In re Name Change in re A.T., 353 So. 3d 1266 (Fla. 5th DCA 2023); In re Name Change of Williams, 335 So. 3d 145 (Fla. 4th DCA 2022).
Final Judgment of Name Change
If the court approves the petition, the judge enters a final judgment of name change. This judgment legally changes the petitioner’s name and serves as the official document authorizing the new name.
The clerk of the circuit court records the judgment and provides certified copies upon request. Certified copies are necessary for updating identification documents such as driver’s licenses, passports, and Social Security records.
Under Florida Statutes section 68.07, the clerk also has responsibilities related to updating vital records. For individuals born in Florida, the clerk reports the name change judgment to the Florida Department of Health Office of Vital Statistics.
Updating Birth Records Through the Office of Vital Statistics
When a Florida court grants a name change, the Office of Vital Statistics updates birth records according to the procedures established in the Florida Administrative Code. Rule 64V-1.0033 governs the amendment of birth certificates following a legal name change.
Under this rule, the clerk of the circuit court prepares a Report of Legal Change of Name and forwards it to the Office of Vital Statistics. The department attaches the report to the existing birth record and updates the official record to reflect the new legal name.
In some cases, the court may direct the department to issue a new birth certificate reflecting the changed name. When this occurs, the original birth certificate is removed from public access and placed under seal along with the court order.
The department may also require payment of fees for issuing amended or new birth certificates under Florida Statutes sections 382.015 and 382.0255.
Costs Associated With Filing a Name Change Petition
The Florida name change process involves several costs. The most significant cost is the filing fee required to initiate a civil case in circuit court.
Florida Statutes section 28.241 establishes filing fees for civil actions in circuit court. For many name change petitions, the filing fee is approximately four hundred dollars, although specific fees may vary depending on the county and case classification.
Additional costs may include service fees and document certification fees charged by the clerk of the court. Florida Statutes section 28.24 authorizes fees for preparing certified documents and other clerk services.
For example, there may be fees for issuing summonses or preparing certified copies of court orders. Florida Statutes section 34.041 authorizes certain service charges associated with the issuance of summonses.
Petitioners who cannot afford these costs may apply for a determination of indigent status under Florida Statutes section 57.081. Individuals who qualify as indigent are generally not required to prepay filing fees or obtain certified copies of court orders at their own expense.
Obtaining Certified Copies of the Final Judgment
After the court enters a final judgment of name change, petitioners typically obtain certified copies from the clerk of the circuit court. Certified copies are necessary to update government records and identification documents.
Florida public records law authorizes clerks to charge fees for certified copies of public records. Under Florida Statutes section 119.07, the fee for a certified copy is generally up to one dollar per page unless another statute specifies a different fee.
Individuals who have been declared indigent under Florida Statutes section 57.081 may obtain certified copies without charge.
Name Changes for Minor Children
The Florida name change process differs slightly when the petition involves a minor child. Section 68.07 requires that both parents consent to the name change when possible.
If both parents do not consent, the petitioning parent must serve the other parent with process. If the other parent cannot be located or resides outside Florida, constructive service may be permitted under Chapter 49 of the Florida Statutes.
The court will evaluate whether the requested name change is in the best interests of the child before entering a final judgment.
Exceptions to the Florida Name Change Statute
Not all name changes in Florida are governed by section 68.07. Certain proceedings allow individuals to change their names without filing a separate name change petition.
For example, individuals seeking to restore a former name in a dissolution of marriage proceeding may request that the court restore their former name in the final judgment of dissolution.
Similarly, name changes occurring in adoption proceedings are governed by separate statutes and procedures.
Conclusion
The Florida name change process involves several steps designed to protect public records while allowing individuals to legally adopt new names. Petitioners must file a verified petition in the circuit court of their county of residence, undergo a criminal history records check, and appear before a judge for review of the request. When the petition complies with statutory requirements and the court finds no improper motive, the court generally grants the request and enters a final judgment of name change.
For residents of Miami and throughout Florida, understanding the statutory requirements of section 68.07 and related rules can help ensure a smooth and successful name change process. Proper compliance with filing requirements, criminal background screening procedures, and administrative record updates is essential for obtaining a legally recognized name change.
Speak With a Miami Attorney About the Florida Name Change Process
Although the Florida name change process is designed to be accessible to individuals representing themselves, errors in the petition or failure to comply with statutory requirements can delay the process. A Miami family law attorney can assist with preparing a verified petition, ensuring compliance with background check procedures, and obtaining a final judgment of name change efficiently.
If you are considering a legal name change in Miami or elsewhere in Florida, consulting with an experienced attorney can help ensure that the petition is properly prepared and approved by the court without unnecessary delay.
TLDR: The Florida name change process requires filing a verified petition in circuit court under Florida Statutes section 68.07. Petitioners must submit fingerprints for a criminal history check, attend a court hearing, and obtain a final judgment approving the new name. Once granted, the clerk records the judgment and the Florida Office of Vital Statistics updates official birth records when applicable.
How long does the Florida name change process take?
The timeline varies by county but typically ranges from several weeks to a few months depending on the completion of the criminal background check and court scheduling.
Do I need a criminal background check to change my name in Florida?
Yes. Adult petitioners must submit fingerprints for a state and national criminal history records check under Florida Statutes section 68.07.
How much does it cost to file a name change petition in Florida?
The filing fee for a circuit court civil case is generally around four hundred dollars under Florida Statutes section 28.241, although additional clerk fees may apply.
Can a judge deny a name change petition?
Yes, but if a petition is legally sufficient and not filed for fraudulent purposes, Florida appellate courts have indicated that it should generally be granted.
Do I need both parents’ consent to change a minor child’s name?
Yes. Both parents typically must consent or be served with process before the court can approve a minor’s name change.