his $100 million lawsuit. we'll tell you what is being argued at today's hearing that could decide whether the web site gawker will have to pay up after releasing hogan's sex tape. >> and record shattering powerball jackpot is happening tonight. abc action news is keeping an eye on the growing jackpot while you keep your eye on the winning ticket numbers. exciting morning across america. everyone hopeful we have that winning ticket. >> i have the official abc action news powerball pool signup sheet here, we're 54 deep, guys. before you win the powerball we want to check with shay and janelle to talk about the roadways, and the forecast. >> temperatures are a few degrees higher than they were yesterday at this time. hopefully you'll find it more comfortable today at 45 temple terrace. lutz at 45. in citrus county, remember yesterday it was low 30s?

certainly an improvement in the comfort factor as you're walking out to 40 crystal river. 41 in beverly hills now. so as we move through the day it will be similar to yesterday. we're going to see temperatures near 60 at noon. then topping out in the low to mid-60s all across the area. we're going to have a nice mix of sun and clouds and rain us unlikely which makes for a good morning commute at least weatherwise. the question is what construction issues may be lingering from overnight? janelle? just got a report of a crash -- but we're going to head to 275, corey dierdorff behind the wheel on 275 northbound around hillsborough. traffic up to speed there. no crashes or breakdowns where he is but we're getting reports of a crash at southbound 275 around the howard/are a evenna exit -- armenia exit.

nicely now through the downtown area. but keep in mind after the next few minutes the southbound exit from 275 to memorial highway is closed and the same construction closure is happening overnight tonight. opening back up at 5:00 a.m. this is important if you're heading to the airport because southbound you're going to have to get off at westshore and take spruce or cypress to memorial highway or veterans. to the airport, if you miss westshore exit you're going across the bridge. we've all done it, it takes a long time so you want to make sure it doesn't happen especially if you need to get somewhere by a certain time. remember one more day of this closure, one more night i should say, opens back up 5:00 a.m. in the morning. time now 5:02. have you seen these billboards? the massive jackpot could be yours after tonight's powerball drawing. the world's biggest lottery jackpot sitting at $.5 billion.

staytronic your -- stay strong it could grow to even more. the lump sum could be $930 million. count on abc action news to send you the winning numbers and a push alert on the app after tonight's drawing at 11:00. a motorcyclist is fighting through critical injuries after slamming into an unmarked patrol car. investigators tell us a pinellas county deputy was pulling out of a business on mlk when he crossed into the path of that motorcycle. the rider, 20-year-old eli udbari collided with the driver's side of the patrol car, taken to the hospital with life threatening injuries. we're told the deputy wasn't injured. hulk hogan is heading back

gawker for $20 million after they published a sex tape of him in 2012. >> we understand the right to privacy is at the center of the hearing today? >> reporter: you can even think of this meeting, this hearing today as a kind of wrestling privacy, another company's right to the first amendment. this hearing is so important for the battle that hulk hogan, terry bollae expect to show up. the two lawyers are battling out. i talked to a legal expert about each side's game plan yesterday. he tells me there's sealed documents from an fbi investigation that might even include the actual sex tape of hulk hogan, that gawker media is trying to make public record by claiming the content of the sealed documents are key to their defense. if the documents are made

hogan is made public record the case will essentially be over because the sex tape would be legally available to anyone at that point. >> there is a fine line that is really an issue here. that is the difference between what a public figure makes public and what a public figure has the right to keep private. that is how far does the public have the right to delve into a public figure's private life. >> reporter: that's why there is a lot on the line, gawker says if they could -- if they lose this case it would seriously hurt their business model, possibly even put them out of business. that's also the reason that several other media companies including scripps media which owns our own tv station are going to be paying close attention to what happens in the courtroom today. we have course will be streaming the hearing on our web site and on our mobile app. for now live in st. pete, adam winer, abc action news. 5:05.

wants america to rekindle their belief in the promise of change. he gave his final state of the union address last night, the speech focused on the future and big changes in our country. some highlights, education, a cure for cancer, his commitment to fighting isis calling america more powerful than ever. >> if you doubt america's commitment or mine to see that justice is done just ask bin laden. [ applause ] -- ask -- ask the leader of al-qaeda in yemen who was taken out last year. or the perpetrator of the benghazi attacks who sits in a prison cell. when you come after americans we go after you. >> in his final year the president made some promises in his final address aiming to fix our politics. in a situation we know all too well in florida he mentions ending the drawing of congressional districts to

>> i think we've got to end the practice of drawing our congressional districts so that politicians that can pick their voters and not the other way around. i believe we have to reduce the influence of money in our politics so a handful of families can't bankroll our election. >> to read the full attacks including analysis and links to the important points. it's now on abcactionnews.com. police in central florida say a man will head to court accused of hitting a 3-year-old boy and then driving away, we first brought you this story yesterday at 6:00 a.m. investigators say 35-year-old billy gibson surrendered yesterday. detectives say the 3-year-old and his older brother were crossing the street to buy ice cream in winter garden when the younger boy was hit. he will recover. police say gibson was driving on a suspended license. st. pete officers are putting information on how to stay safe on the roads in the

>> police say too many cyclists and pedestrians are being killed. new numbers show 2015 was the deadliest year on record on st. pete roads so officers are stepping up efforts to educate people. >> they say a lot of people are simply not following laws, not using crosswalks, and when they do the drivers aren't paying attention. >> we also see a lot of vehicles that do not yield the right of way to pedestrians which are legally crossing roadways. >> we have to watch out for ourselves, they are not going to do it. >> reporter: st. pete police will are handing out brochures and talking to people the next few months, then start handing out tickets to anybody caught people in a citrus county neighborhood are fighting to drug dealers. residents in the fish bowl enclave of homosassa say their den. they say almost every person living there either knows someone using or has lost someone to methamphetamine. recently two vacant homes were

and -- brooken into and set on fire. neighbors suspect meth makers are behind both fires. >> meth sellers no more than a cockroach or rat to me. >> i went from trusting everyone in my town to trusting no one now. >> officers say they charged one suspect request with arson and a second person is under investigation. we may be a year out before the next college football playoff championship, but people are still hard at work. as the city prepares for thousands of visitors raymond james stadium will get major upgrades for the big game. many parks are planned to be improved and will be used as event spaces for game-relate the activities. >> we have a very experienced team, from start-to-finish,,

they will put it back together the way it was before. >> starting next month members of the playoff committee will meet with tampa city leaders and event organizers to make sure everything goes as planned. game day is monday, january 9, 2017. never hurts to plan ahead. do we need boots again today? >> i got the boots on, the tights today to keep the legs warm but the temperatures have come up a few degrees this morning. and we'll be in the mid-60s later this afternoon so we're still cooler than average. loving this tampa bay winter, but it's going to start to feel back to average soon and we have a good chance for rain on the way. i'll time that out for you coming up in florida's most accurate 7-day forecast. 5:10. coming up -- a break through in the standoff at an oregon wildlife refuge. what the my -- militia is

>> how many people in florida could be spared from the death penalty after the state's sentencing procedure is ruled

breaking news just in. iranian state media now reporting that 10 u.s. sailors being held in iran have been released. u.s. department of defense says those sailors were taken into custody when their small vessels strayed into iranian waters due to problems with their navigation system.

confirmation from our government on their release. count on us to bring you updates on this situation as we get them. an update now to a story we first told you about monday morning. police in new york have arrested the fifth and final suspect in an alleged gang rape at a brooklyn park. 17-year-old travis beckford was taken into custody yesterday. this morning he's expected to be charged as an adult. police say the suspects pulled a gun on a man and his 18-year- old daughter at a playground last week. the suspects allegedly forced that father to leave before raping the 18-year-old woman. we showed you yesterday when authorities released this video they say shows those five attackers at a local store before the incident. the suspects range in age from just 14 years old to 17. this morning the state attorney general's office is reviewing a ruling that could take 390 florida inmates off death row. the u.s. supreme court declared florida's system for sentencing suspects to death unconstitutional. the 8-1 ruling said the procedure is flawed because jurors are only an advisory

while the judge can reach a different decision. the ruling says that puts too much power in the hands of judges. want to check in now with shay for a look at the forecast on this wednesday. another cold one? >> it is a chilly start to the day but the temperature are a few degrees higher than they were yesterday at this time. so hopefully you'll feel the difference and it will be a little more comfortable as you head out to sebring at 50 degrees, bartow 48. ruskin and tampa at 50 degrees. hudson now at 48. as we move through the day it won't be quite as cold as we're starting off and with sun and clouds, rain unlikely this afternoon, going to be pretty mild with our temperatures in lately in the mid-60s. again still below average but more of the same is ahead, nice, dry and relatively sunny trend. no rain in sight today or tomorrow. and then on friday boy oh boy changes to come.

low pressure that works across the state and along with it we'll get heavy downpours, looks like janelle and i might get really busy friday morning for the commute. if the rain times out the way it is looking now, to be heaviest during that morning commute. even a few thunderstorms in the mix. watching a slight chance for a severe storm in that mix, but at this point looks like a relatively small chance. on saturday we're on the drier side but sunday, a few showers return. as a cold front moves through. that drier, cooler air settles in through the day and by next week we're going to be starting off on the chilly side again starting with monday morning temperatures well below average and in the morning as well as in the afternoon. that's florida's most accurate 7-day forecast. janelle, how's the morning commute? we have some great news, that crash i told but a little earlier at 275 and howard is now clear. corey dierdorff behind the wheel of our live drive cam, he's on the veterans expressway

know the major problems we see in the morning, is southbound. things looking great there as well. i just checked drive times, six minutes to get from waters to 275 on the veterans. behind me a live look at the sunshine skyway, up to speed now in both directions. they are scheduled to do some construction, a little south of here, that has one lane blocked in each direction. it's supposed to last until 6:30 this morning. i'm going to keep an eye on it to zero if we start to -- to see if we start to see backups. we've seen backups in the past but for now it's looking great across the sunshine skyway. it's also looking good across the howard frankland bridge. this is the tampa side of the bridge, up to speed now in both directions. let's check the drive times quickly now. looking good, all three bridges under 10 minutes. time now is 5:18. armed protesters who have taken over a national wildlife refuge in oregon now plan on meeting with the community to inform

this meeting set for friday night. protesters under pressure from many locals to end occupation that began january 2nd. the group is demonstrating against federal land management policies. they cite two oregon ranchers who were serving a prison sentence for setting fires on federal land. the mother the so-called "affluenza teen" is now out of jail on $75,000 bond. as part of her release tonya couch must wear a gps ankle monitor. she and her son ethan were arrested in mexico last month. she's accused of helping him leave the u.s. after video seemingly showing him violating his probation. his lawyers used the "affluenza teen" defense saying he was too spoiled to know right from wrong. ethan remains in mexico where he's fighting extradition. 5:19. still ahead -- there is one county in particular that is going to cost you big time if you plan to build a home.

what is causing the big price hike? >> first, oil prices take another dive. no bottom in sight. here's your morning business headlines from new york. >> reporter: good morning. topping "america's money" -- oil prices in freefall. >> a barrel of crude has fallen below the $30 throash held. in asia a 12-year low. some predict $20 or $10 even possible. >> it's forcing bp and others to cut thousands of jobs. papa john's is the first pizza chain to get rid of artificial flavors and ingredients. >> the ban applies to pizza toppings, desserts and sauces. last month papa johns says it will remove all antibiotics from its chicken products by this summer. starbucks secret menu now includes three valentine's day drink.

orders them at any starbucks -- if you know the recipe.

in pasco county it's going to cost you more to build a home there than anywhere else in the state. >> a local man and his wife found out the hard way.

wife agreed to move to pasco from riverview to be nearer to their aging parents. >> he planned to build a home on his father's lot but says the fees the counties is charging are outrageous. >> $13,000 worth of fees that before we buy the first bit of materials, before we invest the first bit of labor. >> he's talking about the county's impact fee, a one-time tax imposed on all new home construction. >> the numbers show pasco county imposes the most costly impact fee in the state, more than double the amount of hillsborough and triple that 6 -- of pinellas county. officials say it's next, to help keep property taxes low while getting other essential needs for that growing population. coming up, history in the making, more than a billion dollars up for grabs. abc action news out checking when you can buy your final powerball tickets before

if you happen to win, along with a stack of money you'll face potential scammers looking to separate you from your cash. how to know you're not falling victim. >> i'm janelle martinez in the traffic center. watching cameras all along the interstates. you're looking live at the junction of 275 and i-4, coming up, we'll check drive times on