to (redundant) unpromulgated rules. Persuaded that the challenged memoranda should be treated under our cases as unpro-mulgated rules, I concur in affirming the final order entered by the administrative law judge in No. 97-255, on the ground that the administrative law judge properly applied section 120.535, Florida Statutes (1995). The challengers’ standing has not been called into question. I also concur in reversing the award of costs and fees in No. 97-3937. I do so, however, on the basis that the invalidated rule amendment was proposed before October 1, 1996, the date on which section 120.595(2), Florida Statutes (Supp.1996), took effect. Ch. 96-159, § 44, at 213, Laws of Fla. Cf. Security Mut. Life Ins. Co. of Lincoln, Neb. v. Department of Ins., 707 So.2d 929 (Fla. 1st DCA 1998) (<HOLDING>); accord Aventura Hosp. and Med. Ctr. v. Agency
holding that  14 prohibits the awarding of costs against the state as a defendant holding that defendants bank account and open line of credit in florida utilized to transfer money in international commerce was insufficient to confer jurisdiction under section 481932 florida statutes where defendant operated its business in honduras had no employees or agents in florida and did not advertise or solicit business in florida holding that section 1205954 florida statutes supp 1996 requires awarding fees and costs in the event of a successful challenge to an unpromulgated rule that persisted beyond october 1 1996 recognizing that an award of temporary attorneys fees and costs is based on an assessment of need and ability to pay as well as the reasonableness of the fees and costs holding defendant had requisite contacts under section 481932 florida statutes where it solicited consulting and other services from a florida corporation in which a substantial amount of the services sought by defendant were performed in florida