26-00515K

NOTICE AND AGREED ORDER
TO SHOW CAUSE
IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR POLK COUNTY, FLORIDA
CASE NO: 53-2026CA-000614
BELLAVIVA COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government organized and existing under the laws of the State of Florida,
Plaintiff, v.
THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF BELLAVIVA COMMUNITY DEVELOPMENT DISTRICT, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND OTHERS HAVING OR CLAIMING ANY RIGHTS, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF THE BONDS AND LEVY OF ASSESSMENTS HEREIN DESCRIBED, OR TO BE AFFECTED IN ANY WAY THEREBY,
Defendants.
TO THE STATE OF FLORIDA, AND THE TAXPAYERS, PROPERTY OWNERS AND CITIZENS OF BELLAVIVA COMMUNITY DEVELOPMENT DISTRICT, INCLUDING NON-RESIDENTS OWNING PROPERTY OR SUBJECT TO TAXATION THEREIN, AND OTHERS HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST IN PROPERTY TO BE AFFECTED BY THE ISSUANCE OF BELLAVIVA COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, OR TO BE AFFECTED THEREBY:
The above cause comes to be heard upon the Complaint filed herein on February 9, 2026, by Bellaviva Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, in the County of Polk, State of Florida, seeking to determine the authority of said District to issue Bellaviva Community Development District Special Assessment Bonds in an aggregate principal amount not to exceed $18,685,000 (“Bonds”), to determine the legality of the proceedings had and taken in connection therewith, and the legality of the provisions, covenants and agreements therein contained, and seeking a judgment of this Court that: (a) the District has the power and authority under Chapter 190, Florida Statutes, and other applicable law to undertake the Capital Improvement Plan, to issue the Bonds and all series thereof and to incur the bonded debt as set forth in the Complaint, and to secure the Bonds with the Assessments; (b) the proceedings essential to the authorization and issuance of the Bonds and all series thereof when issued pursuant thereto; the Pledged Revenues, including, without limitation, the Assessments pledged for the payment of the principal thereof, redemption premium, if any, and interest thereon; and the Bond Resolution are valid and in conformity with law; (c) the Assessments are supported by sufficient benefit, do not exceed the benefit received by the assessed properties, and are fairly and reasonably allocated across all benefitted properties in accordance with Chapter 170, Florida Statutes, and other applicable law; (d) upon due issuance of the Bonds in conformance with the Bond Resolution and the Indenture, the Bonds will constitute valid and binding special obligations of the District payable solely from and secured by the Pledged Revenues and will be enforceable by their terms as established by the Bond Resolution and the Indenture; (e) the District has the power to plan, finance, acquire, construct, reconstruct, equip and install, in one or more stages, the Capital Improvement Plan; (f) the Capital Improvement Plan will serve a proper, essential and valid public purpose; (g) the members of the District’s Board of Supervisors have been duly and validly elected or appointed in accordance with Chapter 190, Florida Statutes; and (h) this Court may grant such other relief as is just and appropriate. The aforesaid Complaint having been presented to this Court pursuant to Chapter 75, Florida Statutes, and Section 190.016(9), Florida Statutes, and this Court being fully advised in the premises and having jurisdiction over the subject matter and the parties:
NOW, THEREFORE,
IT IS ORDERED that all taxpayers, property owners, and citizens of the District, including non-residents owning property or subject to taxation, and others having or claiming any right, title or interest in property to be affected by the issuance of the Bonds or to be affected thereby and the State of Florida, through the State Attorney of the Tenth Judicial Circuit, in and for Polk County, Florida, are hereby required to appear on Wednesday, May 13, 2026, at 4:45 p.m. before the Honorable Jennifer A. Swenson, Circuit Court Judge, to show cause, if any there be, why the prayers of said Complaint for the validation of the Bonds and the Assessments should not be granted and the Bonds, the Assessments, the proceedings therefor, and other matters set forth in said Complaint, should not be validated as prayed for in said Complaint.
PLEASE TAKE NOTICE that the Order and Show Cause Hearing will take place remotely via Microsoft Teams Videoconferencing. Click the following link to join the hearing:
https://teams.microsoft.com/l/meetup-join/19:meeting_NGE0MjJhYjEtOWI2ZS00Y
mY1LTg0MjEtZjRkZTUxNzZl
[email protected]/0?context=%7B%22Tid%22%3A%229f6aab68-a956-435b-9525-d1011c660851%22%2C%22Oid%22%3A%226fc6fa28-55c6-42c9-a78d-4b33852689bb%22%7D
If you received a paper copy of this Notice of Hearing, this link is also accessible from the Court Administration’s web site through the following procedure: Navigate through the browser to http://www.jud10.flcourts.org/. On the right side of the page, click “Click here for Polk County Virtual Courtroom Links”, then click “Polk Circuit Civil”, then click “Click here to enter Polk Civil Division 15 Virtual Courtroom”.1
1Use of communication technology for hearings is governed by Fla. R. Gen. Prac. & Jud. Admin. 2.530.
Alternatively, non-testifying participants may appear telephonically by dialing the number and entering the conference ID appearing below:
Call in by phone and use ID.
+1 863-225-4022, Conference ID: 792 928 012#
IT IS FURTHER ORDERED that prior to the date set for the hearing on said Complaint for validation, the Clerk of this Court shall cause a copy of this Notice and Order to Show Cause to be published in a newspaper of general circulation published in Polk County, Florida, being the County wherein said Complaint for validation is filed, at least once each week for two (2) consecutive weeks, with the first publication to occur not less than twenty (20) days prior to the date set for said hearing, all in accordance with the requirements of Section 75.06, Florida Statutes.
IT IS FURTHER ORDERED that by such publication of this Notice and Order, the State of Florida, and the several taxpayers, property owners and citizens of the District, including non-residents owning property or subject to taxation therein, and others having or claiming any rights, title or interest in property to be affected by the issuance of the Bonds or to be affected thereby, shall be and are made party defendants to this proceeding, and that this Court shall have jurisdiction of them to the same extent as if specifically and personally named as defendants in said Complaint and personally served with process in this cause.
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, (863) 534-4686, at least 7 days before your scheduled court appearance or immediately upon receiving this notification if the time before the schedule appearance is less than 7 days; if you are hearing or voice impaired, call TDD (863) 534-7777 or Florida Relay Service 711.
ORDERED in Polk County, Florida on Thursday, March 5, 2026.
/s/ Jennifer Swenson
Jennifer Swenson, Circuit Judge
53-2026-CA-000614-A000-BA
03/05/2026 10:22:32 AM
March 20, 27, 2026 26-00515K

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