If the motion is to be granted, the court must make an affirmative finding that the necessary evidentiary showing has been made. Leinberger v. Magee, 226 So.3d 899, 901 (Fla. 4th DCA 2017); Petri Positive Pest Control, Inc. v. CCM Condo.
Based upon Energy-Cargo’s proper and commendable confession of error and our own independent review of the record, we conclude Downtown Towing failed to comply with the predicate procedural requirements of section 768.72, Florida Statutes (2023), before seeking punitive damages. See Leinberger v. Magee, 226 So. 3d 899, 900–01 (Fla. 4th DCA 2017) ("First, the movant must attach the proposed amended pleading to the motion seeking leave to amend, in compliance with Florida Rule of Civil Procedure 1.190(a)…. Second, … the ‘proffer’ or other evidence of record to support the punitive damages claim must be served prior to the hearing on the motion for leave to amend. …
In Leinberger v. Magee , this court, relying on a decision of the Fifth District, explained what the procedural requirements of section 768.72 entail. 226 So.3d 899, 900 (Fla. 4th DCA 2017). "First, the movant must attach the proposed amended pleading to the motion seeking leave to amend in compliance with Florida Rule of Civil Procedure 1.190(a)." Id.
We grant the petition for writ of certiorari. The circuit court's order granting plaintiff's motion to amend a complaint to add a punitive damages claim fails to make "an affirmative finding that the plaintiff made a ‘reasonable showing by evidence,’ which would provide a ‘reasonable evidentiary basis for recovering such damages....’ " Leinberger v. Magee , 226 So.3d 899, 901 (Fla. 4th DCA 2017) (quoting Varnedore v. Copeland , 210 So.3d 741, 747-48 (Fla. 5th DCA 2017) ); see alsoPetri Positive Pest Control, Inc. v. CCM Condo. Assoc., Inc. , 174 So.3d 1122 (Fla. 4th DCA 2015) ; Henn v. Sandler , 589 So.2d 1334, 1335 (Fla. 4th DCA 1991) (en banc) (stating that section 768.72, Florida Statutes creates "a positive legal right in a party not to be subjected to financial worth discovery until the trial court has first made an affirmative finding that there is a reasonable evidentiary basis for the punitive damages claim to go to the jury").We quash the order under review which rules that the "motion is granted" and remand to the circuit court "to enter its affirmative findings or, if necessary, hold further proceedings consistent with this opinion."