If you have a felony conviction on your background (no matter how long ago), you will receive notification of denial, however, often times, you are eligible to file an appeal. We follow Florida Statutes regarding filing an appeal or exemption.
When can an exemption not be filed? Florida Law has a list of offenses that are not appealable. A time period of 3 years must have lapsed since release from all fines and probation being completed.
In order to appeal you must follow the steps listed below. You may mail your two (2) letters or email your two (2) letters.
Complete the Online Appeal
Letters and required information to comply with Florida Law and American Coaches Association regulations:
Step 1. Send in a letter that includes the following:
a. Submit a detailed description of the events that occurred (required by Florida Statute).
b. Also include what has occurred since that time that would indicate clear and convincing evidence that you should not be disqualified. You have the burden of setting forth clear and convincing evidence of rehabilitation, including, but not limited to the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and what you have done since the incident, or any other evidence or circumstances indicating that you will not present danger if coaching is allowed. (Required by Florida Statute) Include names, addresses and phone numbers of references. Relatives are not eligible to be a reference.
If you are in doubt regarding what should be included the following link explains what is required for you to prove that you should be eligible to work with children. http://www.floridaschildrenfirst.org/wp-content/uploads/2013/03/ClientExemptQandAforLayout.pdf
Examples of what should be included in your letter:
1. Include how long it has been since you were charged and if you have had no other charges against you in that period of time. You may add that you completed time served, probation, and all fees paid.
2. Include your employment and how long you have been there.
3. Include any organizations you to which you may belong.
4. Include any non-relative references and phone numbers for them.
If you have questions regarding what should be feel free to contact us for help. Any fraudulent information give will result in denial of your request.
Step 2. Have the President of your organization submit a letter of recommendation that includes the following:
a. They are aware of your background
b. They do not see it as a problem for you to coach their kids
c. They release the ACA from any liability in regard to you coaching the kids in their program
All of the above are required for approval. There will be a delay in the appeal process until we receive this information.
Step 3. (Only needs to be complete if your a single team organization)
Have all the parents of all your players sign a letter that does the following:
a. Identifies your background.
b. States they do not have a problem with you coaching their child.
c. They release ACA from any liability of you coaching their child.
- We inform you by USPS that deniable information has been reported against you. We provide you with a copy of your background report, and a copy of your rights in accordance with the FCRA.
- You are allowed 5 days to reply to us (we allow you 8-10 due to mailing time) and dispute the information against you. At the end of the time limit your application is denied but is often appealable.
- If the information on the report is correct, you may complete the appeal process and provided that, by law, we can approve your application, we will.
If you have been convicted of a felony, we will begin the denial process when we receive the information from your background check.
You do not need to wait until you receive your letter of adverse action to begin your appeal process. You may submit the letters at any time.