Fla. Admin. Code R. 64V-1.0033

Current through Reg. 50, No. 235-239, December 10, 2024

Section 64V-1.0033 - Birth Certificate Amendment by Legal Change of Name; Judicial Process

(1) Any judgment of change of name entered in this state pursuant to subsection (5), of Section 68.07, F.S., shall be recorded on a Report of Legal Change of Name, DH Form 427 (04/16), hereby incorporated by reference and available from the department or https://www.flrules.org/Gateway/reference.asp?No=Ref-07178.

(2) In the case of a name change which also changes the name of the parent(s), only the name of the registrant shall also be amended except when the court order specifically directs the department to amend the birth certificate in regard to the name change of the parent(s). In such cases, submission of a certified copy of the court order granting the name change shall also be required.

(3) Upon receipt of a Report of Legal Change of Name, DH Form 427 (04/16), incorporated by reference in subsection (1), of Rule 64V-1.0033, F.A.C., completed and certified by the clerk of circuit court entering the change of name or an order of name change entered by a court of competent jurisdiction in another state, the department shall, except in the case of a woman who has had her maiden name restored or in a case where the court directs the department to file a new birth certificate, amend the birth certificate of the registrant by attaching the report to the birth certificate thereby becoming a permanent part of that record.

(a) In the case of a woman who has had her maiden name restored, no action shall be taken by the department in regard to amending the birth certificate and the report that has been forwarded by the court shall be incorporated into the files of vital statistics.

(b) In a case where the court has directed the department to file a new birth certificate, the original birth certificate shall be removed and shall be placed together with the order granting the name change under seal only to be opened by an order from a court of competent jurisdiction.

Fla. Admin. Code Ann. R. 64V-1.0033

Rulemaking Authority 382.003(7), (10), 382.0255(3) FS. Law Implemented 68.07(5) FS.

New 11-11-98, Amended 2-29-04, Amended by Florida Register Volume 42, Number 139, July 19, 2016 effective 7/31/2016.

New 11-11-98, Amended 2-29-04, 7-31-16.