E.P.P. 049
LONGWOOD POLICE DEPARTMENT
ENFORCEMENT POLICY & PROCEDURE
NUMBER: EPP – 49
SUBJECT: RESTITUTION FOR INVESTIGATIVE COSTS
EFFECTIVE: OCTOBER 1, 2008
REVISED: SEPTEMBER 1, 2023
ENFORCEMENT POLICY AND PROCEDURE
RESTITUTION FOR INVESTIGATIVE COSTS
EPP – 49 Page 1 of 3
I. PURPOSE:
Chapter 938.27, Florida State Statutes, entitles law enforcement agencies to be
reimbursed for investigative costs by defendant(s). It is the policy of the Longwood Police
Department to use this statute for the purpose of creating a deterrent to criminal
behavior.
II. SCOPE:
Chapter 938.27, Florida Statutes, requires a defendant to pay for the investigative costs
incurred by the Longwood Police Department.
A. The term “investigative costs” includes not only the actual expenses incurred in
conducting the investigation of the criminal case but also the salaries of full-time
employees involved in the investigation. This includes not only salaries and
investigative expenditures of officers, but also the salaries of support staff.
B. Reimbursement of investigative costs and salaries is not limited to the initial
investigation but also may include all costs incurred up to the time judgment is
rendered against the defendant. This includes the 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. 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.
E. The court may require that the defendant pay the costs within a specified period
of in specified installments. The payment of costs can be made a condition of
ENFORCEMENT POLICY AND PROCEDURE
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probation or community control so that any failure by the defendant to comply
with the order to pay may result in revocation of their probation or community
control (at the discretion of the court.)
III. INVESTIGATIVE COSTS:
A. Each officer petitioning for restitution will be responsible for maintaining a record
of all expenditures during any investigation in which restitution for costs 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 the time used
for:
1. Responding to the complaint;
2. Conducting interviews of suspects and witnesses;
3. Arrest, prisoner transportation, and booking;
4. Surveillance time;
5. Report writing and investigative task;
6. Case preparation;
7. Judicial obligations (depositions, hearings, trial, etc).
C. Additional Expenditures:
1. Mileage:
Mileage expended in the investigation; the cost of mileage shall be
determined at the current rate established by Florida State Statue
112.061
2. Telephone toll calls.
3. Laboratory costs:
Costs shall be established by the average hourly rate for the Longwood
Evidence Custodian, Sheriff’s Office Crime Scene Technician, Latent
Examiner or other person assigned to assist; or, if an external laboratory
is used, at a rate established by said laboratory.
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4. Travel and per diem costs:
The cost of travel (lodging) and meal per diem shall be determined at the
current rate established by Florida State Statue 112.061
5. Miscellaneous Expenses:
Miscellaneous expenses include but are not limited to fees paid to
informants, video and audio tape processing, telephone services, etc.
IV. PETITIONING PROCEDURES:
A. Upon completion of the investigation; all petitions for restitution shall be made
on a Petition and Affidavit for Costs Form, and will be accompanied by a Court
Order Form prepared in advance for the judge’s signature.
B. An officer may adjust the language of the petition and court order to meet any
specific requirements placed upon it by a court.
C. The petition and court order will be attached by the petitioning officer to the case
package that is submitted to the State Attorney’s Office. Supplemental petitions
may be submitted to the State Attorney’s Office at a later time to include post-
arrest depositions or other investigative costs.
D. If the defendant disputes the type or amount of costs, the State Attorney’s Office
must be able to demonstrate to the court the type and amount costs incurred.