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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: April 30, 2021  Amends - GO 16.1.11 ( November 6, 2019 ) Number: 16.1.11 Distribution: All Personnel Review Month: June Reviewing Authority: Unders heriff / Fiscal Subject: Recovery of Investigative Costs This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to provide to the citizens of Orange County with reimbursement of investigative costs incurred by th e Sheriff and his deputies in the performance of their constitutional duties. 2. Policy It is the policy of the Sheriff's Office to seek reimbursement of investigative costs for criminal cases that resulted in convictions. Agency personnel making a physic al arrest or filing charges with the State Attorney’s Office shall complete and forward investigative cost reimbursement forms to the State Attorney’s Office. The reimbursement is sought for the purpose of easing the financial burden to the citizens of Ora nge County from the arrest and prosecution of defendants. 3. Definitions A. Case Agent – Any deputy, detective or agency member responsible for submitting a case to the State Attorney’s Office for prosecution. B. Convicted – Determination of guilt, or of violation of probation or community control, resulting from a plea, trial, or violation proceeding, regardless of whether adjudication is withheld. C. Investigative Costs – Actual expenses incurred in conducting the investigation and prosecution of a cri minal case, including but not limited to employee salaries. Does not include the costs associated with providing security for the courthouse (e.g., Court Deputies). D. Investigative Costs Expense Report – Report that documents staffing hours as well as m iscellaneous expenses of personnel involved in the investigation. E. Orange County Sheriff's Office Hourly Scale - The hourly pay rate of a deputy or other agency member by rank. These rates will be calculated by the Orange County Sheriff's Office Comptr oller at the beginning of each fiscal year. 16.1.1 1, Page 2 of 4 F. Order of Recovery of Investigative Costs – Court order signed by the presiding Judge at sentencing which mandates the defendant reimburse the Orange County Sheriff’s Office for investigative costs. The Clerk of Court forwards these orders to Fiscal Management. G. Request for Reimbursement of Investigative Costs Affidavit – Affidavit submitted to the State Attorney’s Office specifically requesting reimbursement of investigative costs. 4. Procedures A. FS 938.27 , “Judgment for costs on conviction” 1. In all criminal and violation of pr obation or community control cases, convicted persons are liable for the costs of prosecution, including investigative costs incurred by law enforcement agencies, upon request by the agencies in question. The court will include those costs in judgments against the defendant, whether or not the defendant has a present ability to pay. The court will require payment within a specified period or in specified installments. Payment of such costs is a condition of any probation or community control. The clerk of the court collects and dispenses cost payments. Investigative costs that are recovered are returned to the investigative agency that incurred the expense. 2. The debt never expires – it is not retired until paid. A default in payment may be collected by any means authorized by law for enforcement of a judgment. 3. The court is responsible for resolving any disputes about the proper amount or type of costs. The State Attorney has the burden of demonstrating the costs incurred. The standard of proof is pre ponderance of the evidence. The defendant is responsible for demonstrating his or her financial needs and resources. B. Capturing the costs of criminal investigations The "cost of investigation" record system consists of three (3) documents: Investigativ e Costs Expense Report, Order for Recovery of Investigative Costs, and Request for Reimbursement of Investigative Costs Affidavit. 1. Investigative Costs Expense Report a. The Investigative Costs Expense Report is designed to account for the hours worked and mis cellaneous expenses incurred by the agency while investigating a case. The form is prepared by each deputy or detective and/or criminal data processor who works on an investigation. b. While one deputy or detective is normally designated the "case agent" for an investigation, deputies or detectives may play a role in bringing a case to conclusion. Each deputy who participated in the investigation and submitted information to the cas e agent should prepare a form. c. The submitting deputy or case agent is respon sible for confirming that other participating agency members completed forms and that they 16.1.1 1, Page 3 of 4 are included in the case package submitted to the State Attorney’s Office. d. The heading of the Investigative Costs Expense Report provides space for the submitting ag ency member’s name and the case number of the investigation. The remainder of the form is divided into three sections in which the agency member accounts for his or her hours, keeps track of miscellaneous expenses, and calculates the total costs of his or her involvement in the case. 1. In the first section, HOURS WORKED, the detective, other deputy, criminal data processor, or other agency member enters the date, the investigative activity that he or she performed, and the length of time expended