
    Victor D. BAKER, Petitioner, v. STATE of Florida, Respondent.
    No. 93,486.
    Supreme Court of Florida.
    April 15, 1999.
    Rehearing Denied June 16, 1999.
    James Marion Moorman, Public Defender, and Allyn Giambalvo, Assistant Public Defender, Tenth Judicial Circuit, Clear-water, Florida, for Petitioner.
    Robert A. Butterworth, Attorney General, Robert J. Krauss, Senior Assistant Attorney General, and Patricia E. Davenport, Assistant Attorney General, Tampa, Florida, for Respondent.
   SHAW, J.

We have for review State v. Baker, 713 So.2d 1027 (Fla. 2d DCA 1998), wherein the district court certified:

What factors must be proven by a preponderance of the evidence to establish that the need for payment of restitution outweighs the need for a prison sentence to justify a downward departure sentence?

Id. at 1028. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered this question in Banks v. State, 732 So.2d 1065 (Fla.1999). We quash Baker and remand for proceedings consistent with Banks.

It is so ordered.

HARDING, C.J, WELLS, ANSTEAD and PARIENTE, JJ., and OVERTON and KOGAN, Senior Justices, concur.  