NewsMacroFlorida Republican Mike Caruso Could Face Death Penalty Under Law He Championed

Florida Republican Mike Caruso Could Face Death Penalty Under Law He Championed

Author: Rawstory·

Key Takeaways

  • Mike Caruso, Palm Beach County's clerk of courts and a former Republican state legislator, was arrested Tuesday on suspicion of molestation, kidnapping, luring and enticing a child, lewd and lascivious exhibition, and child abuse.
  • The charges relate to three separate incidents, and sources told the Miami Herald that the alleged victim, his grandson, was younger than five years old after the boy's parents reported suspicions to law enforcement.
  • As a legislator in 2023, Caruso supported a Florida law allowing the death penalty for sexual battery on a child under 12 even when the victim survives, and prosecutors plan to present his case to a grand jury.
  • Any death sentence would depend on the Supreme Court overturning Kennedy v. Louisiana, the binding 2008 ruling that executing defendants for child rape violates the Eighth Amendment, and no one has been executed under the 2023 statute.
  • Caruso was appointed clerk in August 2025 by Governor Ron DeSantis after two terms in the legislature, had previously faced a child sexual abuse allegation ruled unfounded, and was the subject of other Florida Department of Children and Families reports.
Florida Republican Mike Caruso Could Face Death Penalty Under Law He Championed

A Florida Republican from Donald Trump's home district could potentially face the death penalty under a law he championed as a state legislator.

Mike Caruso, the Palm Beach County clerk of courts and a staunch ally of Gov. Ron DeSantis, was arrested Tuesday morning on child sexual abuse charges — and a plugged-in reporter in the state noted a morbid irony in the case.

"As a FL legislator, Mike Caruso supported death penalty for pedophiles in 2023," Axios reporter Marc Caputo wrote. "Now he has been arrested for allegedly molesting his grandson. The state plans to present the case to a grand jury and that could lead to his own execution if he’s charged and convicted under that law."

Florida passed a law in 2023 that allows the death penalty for defendants convicted of sexual battery on a child under 12, even in cases where the victim survives, and sources with knowledge of the allegations told the Miami Herald that Caruso's alleged victim was younger than 5 years old.

Caruso, who had been running unopposed in Tuesday's Republican primary, was arrested that same morning on suspicion of molestation, kidnapping, luring and enticing a child, lewd and lascivious exhibition and child abuse, according to an arrest affidavit. The charges relate to three separate incidents, the Herald reported, and the boy's parents reported their suspicions to law enforcement after the child acted out sexually at home.

The Florida law calling for the death penalty for pedophiles is intended in part to challenge the 2008 Supreme Court precedent in Kennedy v. Louisiana, which found that execution was too harsh for a child sexual assault case that did not result in death. The governor's office declared an intention to challenge that precedent after DeSantis signed the bill into law. That 5-4 ruling held that executing defendants for child rape violates the Eighth Amendment's ban on cruel and unusual punishment, extending the Court's 1977 decision in Coker v. Georgia barring the death penalty for the rape of an adult. Kennedy remains binding nationwide, the Supreme Court has not revisited it since Florida's law took effect, and no one has been executed under the 2023 statute — so any death sentence in Caruso's case would depend on the Court first overturning that precedent. Florida's capital-punishment expansion that year also included a separate measure allowing juries to recommend death on an 8-4 vote rather than unanimously, enacted after the jury in the Parkland school shooting case failed to reach a unanimous death recommendation for Nikolas Cruz.

Caruso was previously accused of child sexual abuse, but investigators later determined those allegations to be unfounded after interviewing the child and the child's mother. He was also the subject of other reports to the Florida Department of Children and Families, according to records, although details about those cases are not public.

Caruso had served two terms in the Florida legislature, easily winning both elections, and he left that term-limited seat in August 2025 when the governor appointed him Palm Beach County's Clerk of the Circuit Court and Comptroller, an elected constitutional office responsible for maintaining court records, processing filings and collecting fines and fees across the county. A Democrat ultimately won the seat he vacated — the Palm Beach district that includes the president's home at Mar-a-Lago — in a March special election.