Full Breakdown
Former Florida Lawmaker Arrested on Child-Sex Abuse Charges; Death-Penalty Law He Backed May Become Relevant
8/22/2026, 2:26:07 AM
Core Event
Michael “Mike” Caruso, a 67-year-old former Florida House member appointed Palm Beach County clerk of courts and comptroller in August 2025, was arrested on five felony counts: kidnapping, lewd or lascivious molestation, lewd or lascivious exhibition, luring or enticing a child, and child abuse causing mental injury. The alleged victim is a male relative under 12 at the time of the abuse, which prosecutors say occurred repeatedly between fall 2024 and August 2025, including on a family cruise. Caruso is held without bond in the Orange County jail; his next court appearance is scheduled for early September.
Background & Context
In April 2023, the Florida House passed House Bill 1297, a “capital sexual battery” statute that permits prosecutors to seek the death penalty—or life without parole—when an adult is convicted of sexually battering a child younger than 12. The bill passed the House 95-14, the Senate 34-5, and was signed by Governor Ron DeSantis in May 2023. The law was designed to challenge the 2008 Supreme Court decision in *Kennedy v. Louisiana*, which barred the death penalty for child-rape cases that do not result in death.
Legal Path to a Potential Death Penalty
For Caruso to face execution, prosecutors would first need a grand-jury indictment on a capital-sexual-battery charge, which is not among the five offenses listed in the current warrant. Such an indictment would likely trigger a constitutional challenge based on *Kennedy v. Louisiana*. Existing precedent would presently prevent an execution unless the Court overturns or narrows that ruling.
Data & Statistics
- Caruso faces five separate felony counts.
- The 2023 capital-sexual-battery law allows death or life without parole for adult offenders of sexual battery against children under 12.
- Florida carried out 13 executions in 2026, the highest number of any state that year.
Verbatim Quotes
- “We’re the first state to reintroduce the death penalty for pedophiles,” — Gov. Ron DeSantis
- “There is no possibility unless the Supreme Court reversed itself,” — Mark Schlakman, death-penalty policy expert
- “Mr. Caruso is innocent of these allegations and intends to vigorously defend himself against these charges,” — Jason Weiss, attorney for Caruso
