34120637 (1).pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G-74 GENERAL ORDER RESCINDS: E-43 (effective 10/10/17) SUBJECT: Costs of Investigation EFFECTIVE: March 13, 2013 REVISED: October 10, 2017 Table of Contents: I. Purpose II. Scope III. Investigative Costs IV. Petitioning Procedures I. PURPOSE: Section 938.27, Florida Statutes, entitles law enforcement agencies to be reimbursed for investigative costs by defendant(s), and it is Sheriff’s Office policy to use this statute to create a deterrent to criminal behavior. II. SCOPE: Section 938.27, Florida Statutes, requires a defendant to pay for investigative costs incurred by the Sheriff's Office. A. The term "costs of investigation" includes expenses incurred in conducting the investigation of a criminal case and may also include the personnel costs of full-time employees involved in the investigation. This includes not only personnel costs and investigative expenditures of Deputy Sheriffs, but also the salaries of support staff, such as personnel assigned to the Forensic Laboratory Services Division. Additionally, the cost of operating Sheriff’s Office helicopters, including the salaries of the flight crew, during an investigation is considered a cost of investigation. B. Reimbursement of investigative costs and personnel costs is not limited to the initial investigation but also may include all costs incurred during the prosecution of the case. This includes time spent preparing for the prosecution of the case, appearance at depositions, testimony at trial, etc. C. Investigative costs may be assessed by the court against a defendant in any criminal case regardless of the offense. D. Payment of investigative costs may be entered as a judgment against the defendant at the time of sentencing and is recorded by the Clerk of the Court. It is not necessary that the defendant be adjudicated guilty before they are ordered to pay investigative costs. These costs may be ordered even if adjudication is withheld. Section 938.27 (6), Florida Statutes, requires the Clerk of the Court to collect and dispense cost payments due to the Sheriff’s Office. The Accounting Section of the Fiscal Services Division shall be responsible for the accounting of funds received from the Clerk of the Court pursuant to judgements issued GENERAL ORDER Costs of Investigation G-74 PAGE 1 OF 5\n\n--- Page 2 ---\n\nby the courts. E. The court may require defendants to pay the costs within a specified period or in specified installments. The payment of costs can be made a condition of probation or community control so that any failure by a defendant to comply with the court order may result in revocation of their probation or community control (at the discretion of the court). III. INVESTIGATIVE COSTS: A. Deputies petitioning for costs of investigation are responsible for maintaining a record of all expenditures during any investigation in which costs of investigation will be requested. B. Records will include the number of work-hours dedicated to the case as well as any additional time-related expenditure. These costs may include, but are not limited to, the time allocated to: 1. Responding to the complaint, 2. Conducting interviews of suspects and witnesses, 3. Arrest, prisoner transportation, and booking, 4. Surveillance, 5. Report writing and case preparation, 6. Investigative tasks, 7. Judicial obligations (depositions, hearings, trial preparation, etc.) C. Personnel costs (hourly rate) will be calculated at an average rate that includes salary and related benefit costs. This average rate is established by the Fiscal Services Division, and Deputies shall use its calculations when petitioning for costs of investigation. In October of each fiscal year, the Director of the Fiscal Services Division will evaluate personnel and equipment rates, and the updated amounts shall be incorporated into the Affidavit for Costs of Investigation form. The Director of the Fiscal Services Division shall notify Captains and Directors when this form is updated with adjusted amounts. D. Additional Expenditures: 1. Mileage: Mileage expended in the investigation; the cost of mileage shall be determined at the current rate established by the Fiscal Services Division. 2. Forensic Laboratory Services Division costs: Costs shall be established by the average hourly rate for the Sheriff's Office Crime Scene Technician, Latent Examiner or other person assigned to Forensic Services Division, or, if an external laboratory is used, at a rate established by that laboratory. 3. Aviation costs: Costs associated with the operation of Sheriff’s Office helicopters, including the average hourly rate of the pilot and flight officer, are calculated by the Fiscal Services Division. 4. Travel and per diem costs: The cost of travel (lodging) and meal per diem are based upon the agency’s Travel Policy under General Order #50. 5. Miscellaneous Expenses: Miscellaneous expenses include fees paid to informants, data processing, video and audio tape processing, telephone services, special equipment or services required for an investigation, field test kits, PPE equipment, and other items. On the Sheriff’s Office intranet site (SCSOnet), GENERAL ORDER Costs of Investigation G-74 PAGE 2 OF 5\n\n--- Page 3 ---\n\ndeputies can navigate to the Fiscal Services Division forms where a published list of equipment is available with actual costs. IV. PETITIONING PROCEDURES: A. Upon completion of an investigation, deputies will complete an Affidavit for Costs of Investigations form, which will be sent to the Office of the State Attorney in the case package. The form contains the fixed amounts (cost per hour) as determined by the Fiscal Services Division and shall not be adjusted. If additional costs of investigation are incurred after the case package has been submitted, deputies may submit an additional Affidavit for Costs of Investigation form to the Office of the State Attorney using the appropriate transmittal form. Examples of additional costs may include, but are not limited to, additional follow up investigation or forensic processing by personnel, equipment purchase, etc. B. For hourly rates, deputies should enter the number of hours on the form for each employee in the appropriate section. Deputies must enter the number of hours, per employee, in whole, half, or quarter hour increments (ex: .25, .5, .75, 1, etc.). If the number of deputies involved exceeds the available space on the form, Deputies may provide a supplement to the Affidavit for Costs of Investigation form that notes the number of hours per Deputy. The supplement must be sent to the Office of the State Attorney. C. Only members of the Aviation Section may complete the Affidavit for Costs of Investigations – Aviation Section form. The aviation crew will complete and electronically submit the form to the lead deputy or detective, or lead law enforcement officer when assisting other law enforcement agencies. When practical, the aviation crew should upload the Affidavit and any necessary documentation within Café (case documents). The lead deputy, detective, or other law enforcement officer will submit the form completed by the Aviation Section, along with the form completed by the deputy for personnel costs or tangible goods or services, to the Office of the State Attorney. Aviation personnel must document the amount of time the flight crew and helicopter were allocated to the specific event, which will be calculated in quarter-hour increments (ex: .25, .5, .75, 1, etc.). D. If tangible goods or services are directly related to a criminal investigation, deputies may note the details on the Affidavit for Costs of Investigation form to include the date, vendor, item description, and the reason for the purchase or use of services. Deputies should submit the original receipt(s) to the Fiscal Services Division in accordance with the Written Directives, but a copy of the receipt(s) should be provided with the Affidavit for