No evidence was presented by either parties to show subject signs are nonconforming signs. The only evidence presented was that the Respondent had made application for a current permit for each sign and offered to pay the delinquent back fees for the years when the signs were not current. There are no rules pertaining to billboard signs contained in the Florida Administrative Code and it appears that the Florida Department of Transportation has been following an unwritten rule that permits the licensing of signs for the current year providing the licensing pays all delinquent fees for the prior years for which the required fee had not been paid. Evidently, a policy decision has been made not to accept delinquent fees and when signs are delinquent that no payment will be allowed for the delinquent fees and no current permit will be issued. Section 120.52, F.S., provides in part:
"'Rule' means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organi- zation, procedure, or practice requirements of
an agency and includes the amendment or repeal of a rule."
The letter of December 8, 1975, attached hereto as Exhibit 1 is a statement of general applicability that interprets the law. It cannot be properly classified as a rule under the definition above quoted. Section 120.54, F.S., provides in part:
"(1) Prior to the adoption, amendment, or repeal of any rule not described in subsection (8), an agency shall give notice of its intended action, setting forth a short and plain explanation of the purpose and effect of the proposed rule, a summary of the proposed rule, and the specific legal authority under which its adoption is authorized."
"No rule shall be adopted until 21 days after the notice required by subsection (1) or until the hearing officer has rendered his decision, as
the case may be."
