FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D19-0263
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DALTON DOOLY,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Walton County.
Kelvin C. Wells, Judge.

                       September 24, 2020


PER CURIAM.

     Appellant, Dalton Dooly, raises three issues in this appeal
from his judgment and sentence. We affirm as to the first two
issues without discussion. But we agree with Dooly that the trial
court erred in imposing a discretionary fine under section 775.083,
Florida Statutes, and a related surcharge under section 938.04,
Florida Statutes, without giving him adequate notice and an
opportunity to be heard. See Thomas v. State, 

,
1160–61 (Fla. 1st DCA 2018). We therefore reverse those portions
of his sentence. On remand, the trial court may either strike the
fine and surcharge and enter a corrected judgment and sentence
or reimpose the fine and surcharge after following the proper
procedure.

     AFFIRMED in part, REVERSED in part, and REMANDED with
instructions.

RAY, C.J., and BILBREY and JAY, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Michael Ufferman of Michael Ufferman Law Firm, P.A.,
Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Heather Flanagan Ross,
Assistant Attorney General, Tallahassee, for Appellee.




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