The Florida Senate

¹921.005  Criteria for sentencing.--The courts shall use the following criteria for sentencing all persons who committed crimes before October 1, 1983:

(1)(a)  A court shall not impose a sentence of imprisonment unless, after considering the nature and circumstances of the crime and the prior criminal record, if any, of the defendant, the court finds that imprisonment is necessary for the protection of the public because:

1.  A lesser sentence is not commensurate with the seriousness of the defendant's crime; or

2.  There is a probability that during the period of a suspended sentence or probation the defendant will commit another crime.

(b)  The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of withholding a sentence of imprisonment:

1.  The defendant's criminal conduct neither caused nor threatened serious harm.

2.  The defendant did not know and had no reason to know that her or his criminal conduct would cause or threaten serious harm.

3.  The defendant acted under a strong provocation.

4.  There were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense.

5.  The defendant has compensated or will compensate the victim of her or his criminal conduct for the damage or injury that the victim sustained.

6.  The defendant has no history of prior delinquency or criminal activity or had led a law-abiding life for a substantial period of time before the commission of the present crime.

7.  The defendant's criminal conduct was the result of circumstances unlikely to recur.

8.  The character and attitudes of the defendant indicate that she or he is unlikely to commit another crime.

9.  The defendant is particularly likely to respond affirmatively to noncustodial treatment.

(2)(a)  A court shall sentence a defendant to pay a fine unless it finds that the defendant is unable or will be unable to pay the fine and the imposition of a fine will not prevent the defendant from being rehabilitated or from making restitution to the victim of her or his crime.

(b)  A court shall sentence a defendant to pay a fine whenever the imposition of a fine is sufficient to punish the defendant and protect the public.

(c)  A court shall sentence a defendant to pay a fine in addition to imprisonment or probation if, in the opinion of the court, the defendant has derived a pecuniary gain from her or his crime or the fine is specially adapted to deterrence of the particular crime or to the punishment and rehabilitation of the offender.

History.--s. 7, ch. 83-131; s. 1542, ch. 97-102; s. 1, ch. 97-194.

¹Note.--

A.  Section 1, ch. 97-194, provides that "[s]ections 921.0001, 921.001, 921.0011, 921.0012, 921.0013, 921.0014, 921.0015, 921.0016, and 921.005, Florida Statutes, as amended by this act, are repealed effective October 1, 1998, except that those sections shall remain in effect with respect to any crime committed before October 1, 1998."

B.  Section 43, ch. 97-194, provides that "[t]he Division of Statutory Revision of the Joint Legislative Management Committee shall leave the repealed statutory provisions referenced herein in the Florida Statutes for 10 years from October 1, 1998."