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TRACEY GIPSON Appellant
vs.
STATE OF FLORIDA Appellee.
 
Case:
Case No. 94-04601
 
Location:
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT
 
Date:
March 22, 1996, Filed
 
Attorneys:
James Marion Moorman Public Defender and James P. Harris Jr. Assistant Public Defender Bartow for Appellant.
Robert A. Butterworth Counsel General Tallahassee and Kimberly D. Nolen Assistant Counsel General Tampa for Appellee.
 
Court:
PATTERSON Acting Chief Judge. ALTENBERND and LAZZARA JJ. Concur.
 
Author:
The Hon. Justice Patterson
 

Tracey Gipson challenges his judgment and sentence for possession of cocaine. We find no error as to Gipson's conviction and therefore affirm. However as Gipson argues the trial court erred in imposing certain costs and probation conditions.

Gipson was ordered to pay $255 in court costs and $100 in investigative costs. Both costs were assessed without reference to their statutory authority. Therefore we strike those costs. The state may seek to re-impose the costs upon remand. Sutton v. State 635 So. 2d 1032 (Fla. 2d DCA 1994).

A defendant must be informed of his right to contest the amount of Counsel's fees awarded to a public defender or court-appointed Counsel. Drinnon v. State 598 So. 2d 229 (Fla. 2d DCA 1992). Because Gipson was ordered to pay $1,000 in Counsel's fees without notice or an opportunity to object he may file an objection in the trial court to the amount assessed within thirty days of the mandate. If he files an objection the assessment will be stricken. A new assessment may then be imposed if Gipson is given notice and a hearing. Bourque v. State 595 So. 2d 222 (Fla. 2d DCA 1992); see Williams v. State 655 So. 2d 1205 (Fla. 2d DCA 1995).

Gipson challenges special condition of probation 7 regarding the use of intoxicants to excess on the ground that it was not orally pronounced at sentencing. We affirm the imposition of condition 7 because Gipson had sufficient notice. See State v. Hart 21 Fla. L. Weekly S77 (Fla. Feb. 22 1996) (the supreme court's promulgation of the "order of probation" form in Florida Rule of Criminal Procedure 3.986(e) constitutes sufficient notice to probationers of conditions 1-11 such that oral pronouncement is unnecessary).

Special condition 8 requiring Gipson to work diligently at a lawful occupation must be modified to require him to work diligently at a lawful occupation or actively seek employment Godley 659 So. 2d at 447 or to require Gipson to "work faithfully at suitable employment to the best of his ability." Martin v. State 659 So. 2d 479 480 (Fla. 2d DCA 1995). Finally we strike special condition 12 regarding payment for drug testing because it was not orally pronounced at sentencing. Pounds v. State 661 So. 2d 312 (Fla. 2d DCA 1995). Affirmed in part; probation conditions modified; and costs stricken.

ALTENBERND and LAZZARA JJ. Concur.