i'm kelly ring. >> i'm mark wilson. glad to have you with us. does florida have a death penalty or not, 400 people probably want to know the answer tonight, so do the victim's families as well. two judges have weighed in to say florida's death penalty no longer exists. based on a ruling. the legislature working on a solution but prosecutors who want to seek it are in limbo. what very more on the ruling. what does it mean for the other murder cases. this will set a trend. >> and another judge said nord has no death penalty. >> they have recognized what everyone else knew. we don't have a death penalty, the supreme court said the statute is unconstitutional.

prosecutors from seeking the death penalty involve as case with carlos rivas. he killed a homeless man after stealing his money. with a trial set to start in april and a death sentence looming over him, he was no doubt relieved to hear the judge say this. >> based on the first decision which conclude -- the hearst decision that it is unconstitutional, i find there exist nos stat statutory authority that the state is seek the death penalty or authority that the court can impose the death penalty and i grant the addition of death as a sentence. >> the coward did not strike down the death penalty. they said the decision only applies to the sentencing process in which the jury recommends life or death but the judge makes the final call. >> it is like being on the titantic and saying, you know

there is an iceberg, we don't have a statute and that we'll continue to seek it against someone without a statute and hope that beforehand it is fixed. that's crazy to me. >> it has not stopped prosecutors from seeking the death penalty. and they announced that marisol best will face death if convicted. that will be challenged by her attorneys soon. mark, if that defendant is convicted in the case he will face life in prison. by the way the state will appeal this. we will follow it. back to you. >> thank you very much. tallahassee now the legislate legislature is work ogg on a solution but getting everyone to agree is easier said than done. a committee rejected the proposal that would require juries to reach a unanimous decision before a death sentence can be imposed. and the version passed by the house committee requires nine of

the penalty. and what to do with the 400 killers on death row. public defenders want them commuted to life without parole. but the daughter of a victim who was murdered pleaded with lawmakers to make sure that they get what they deserve. listen. >> i ask to you focus on the victims of homicide who suffered and their families to ensure that justice is served and peace of mind is granted that the horrible individuals will never walk free. >> life without the possibility of parole is a very, very serious penalty. we need to stop looking at it like a loss because death was not achieved. >> all i can say is with certainty is that evil exists in our world. we must do everything we can to

>> now the governor says that he is keeping an eye on things. if the legislature can come up with a fix he will review it add sign it. this is because the u.s. supreme court said the death sentencing process is unconstitutional because it allows judges to go against the recommendations of the juries. developing from sainted pete, police say a man near a limo may hold the key to identify hog stole a chihuly artwork. he had a random conversation with the thief who was seen in the video there. and evan axelbank has more to explain more about the video and trying to find the person who built it. >> the man was approached by the suspect after he dropped off the piece of stolen art in front of the art center several nights ago. they spoke for ten seconds it is unclear why they spoke, what they spoke about and why the man turned around to have this encounter.

here it is. this is a couple of nights ago this is after the man dropped off the piece in front of the center. he was covering his face then but then uncovers it as he walks past the limo. it may have been picking up people. the man who dropped it off turns around and talks to the man who has blonde hair. they have the name of the suspect but see if the description that the limo matches what they have. why would he give pitt back 36 hours after it was stolen? >> some people want to take it and sell it. he realized i got this item. there is not muchky do with it or a change of heart and that art is important especially in our city. we want to know the district is huge. great for the city and brings population here, tourists, it is good for the economy. the person who took this will be brought to justice. >> police say they connected

from the box it was in and hoping that the lab can pinpoint dna on there. they say they have footage from the museum at around the time it was stolen. that may be of the man who dropped off the piece but they cannot say they are one in the same for certain. police are asking anyone who knows the limo man to give them a call or if you are the man that he spoke with, you should give st. pete police a call they want to talk to him. >> i'm sure they do, evan axelbank out there. a student's text may have stopped a crime before it ever happened. another student had a loaded gun and ski mask on a school pus. and aaron mesmer has more. >> this happened on the way to school this morning. it turned a ride into a scary situation for students. look, these are pictures from a viewer. deputies surrounded the bus carrying the students.

jamarcus sims and the weapon he had. >> another student saw sims load a 9 mill millimeter and hide it and a mask four seats behind the driver. the witness texted a relative. that led authorities to the bus and to the weapon and right to sims. deputies are trying to figure out what he was planning. a spokesperson for the sheriff's offers said that the staunt may have saved the day. >> if you see something, say something. >> if you are in a place where you cannot, text something. the way technology is. that's smart of the student to say you cannot make the call, people will hear but maybeky shoot a text to someone making the call. >> that was a stolen gun. investigators are trying to determine who stole it whether it was sims or someone else. >> this sis not his first arrest. his previous charges as a juvenile include domestic battery, theft and grand theft. a school spokesperson said that the district is grateful to the

more than 100 first responders swarmed the palms of pasadena hospital but it was for a drill. five rescue departments joined in the drill simulating real life or death situations in a closed wing of the hospital. they had multiple challenges today. part in darkness. crews boarded up the windows beforehand to reduce the visibility. we want to reduce it when we go into situations if we have fire and something that we have to mitigate the problem it is not our friend. >> officials say that it was ideal but the wing of the hospital is slated for dep irishon.

church put it there. >> a chilly and brought wednesday. >> and very cold night. and we'll talk about that coming up. vo: know you have a dedicated advisor and team who understand where you come from. we didn't really have anything, you know. but, we made do. vo: know you can craft an

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((kelly--vo-)) new at six--a tampa church spent 40-thousand dollars on a sculpture to bring a church spent $40,000 to bring attention to the problem of homelessness. the support it will solicit is invaluable. >> and evan lambert has more. >> hyde park church put up the statue they unveiled it this afternoon. it is meant to draw attention to the homeless problem. >> you don't have to look too hard to find in tampa,s blanket is this man's obviously shelter. but this is a depiction of jesus. >> he is present in the faces

the poor, hungry, naked. >> and the art is inspired by the bible t is supposed to be surprising and thought provoking. and it can impact anyone. >> and by his example. >> the crowd gathered to unveil it. and ruby is seeing it the first time. she is familiar with the subject matter. she and her dog professor have been homeless for years. and hyde park helped her into a home which she has been in for eight months. life is better but living with no income is a struggle. >> it is a slow adjustment. >> there are more things to accomplish. >> and it breaks down the stereotypes of homeless people as criminals and drug addicts. >> it is a reminder to the community and the church that

they are visible. despite what people may think about homelessness, it is incumbent to act. >> they hope it will channel the compassion that jesus represent so people get back on their feet. >> i agree with the perception of it i hope it works. >> and back live it was done and from canada. they are up in a dozen cities all over north america. live in tampa, evan lambert, fox 13 news. how about this talking about six days in a row.

since january 15th and 20th. the last time was in 2010. it will be and very cold air mass t is entrenched. >> this is the view earlier. the gusty winds will subside you talk about frost and a freeze across the northern counties. we had six days in a row. and in blue and in the 50s and the 60s. 58 was the high today in tampa. the weather map has not changed. patchy clouds coming in off the gulf. skies are mostly clear. a huge trough along the east coast which is bringing with it cold northwest winds already below 50 in brooksville and 51

you know when it is 51 at 6:00 and skies are clear the air is dry, it will be cold. >> when you head out you say what is that snow? frost. frost inland and northern counties should have a freeze. and that's in the deeper blue that's when it is up. the light purple color 3 a.m. to 9 a.m., that's a frost advisory f you need tender vegetation you need to bring them in. do it soon. it is dark you want to get the covered by the time it is cold. you don't want to be out midnight trying to cover your plants. along the coast some frost where the wind goes calm. here are lows we'll go 35 in wesley chapel 467890 in tampa. the cold air drains down the peninsula.

colder in like lake placid and sebring than in tampa and along the coast. that cold air is right down the spine of the state. >> we are 51 the dew point is 33. the winds are diminishing west northwest. incredible two days of wind. along the east coast. can you see this is the big trough here and the blue. those are radar echos and knowing in chattanooga, and snow in dc. lets of snow call -- squalls in nulling nulling -- new england. and over the great lakes producing lake effect snow. and 54 in dallas. this year and this is nice, this the weekend. look out 3 to 4 days, i'll tell you the weekend is good,

night time lows in the 50s. that's good for february. future cast has high pressure. this is thursday into friday i don't think it does much. the cold air will be northeast of us. >> if you have friends or relatives in the northeast. check out the forecast. and 21 below in buffalo. by sunday and wind chills 22 below zero in new york city. that's a sunday morning and albany sunday morning valentine's. yikes that's cold. we're down to 40.

friday is okay. mostly sunny. and 70s both days. 40s and 50s for lows. cooler on wednesday, getting a jump on spring training. we'll get their thoughts on the season in sports and it is a big weekend for the usf softball team.

we'll check in as they gear jon cooper called ottawa's game a klunker, but he wasn't too upset with their jon cooper called the game a clunker he was not that upset saying the play improved. he's not happy with the loss but the lightning cannot afford too many back to back losses. and whether they are in the playoffs or not add right now one point separates them from being out of the post season. the game is one of those where they were clanking off the post. and three goals in the two games. this is a common theme for the lightning only on the road and if you look at the last five losses the lightning have scored less than two per game. i'm not a numbers guy but that

that sounds, cooper is more concerned with the defense and the way they have been playing lately. >> it is alarming. and we're going nowhere we'll not panic. this is humbleing. >> there is no panic mode. >> before they get to port charlotte they had a training. and in april one of the players will make a debut. steve pierce is known for hitting homeruns at the trop. he hit more at that park than any other park he played in. and cory dickerson is another new face he ca imin a trade with the rockies.

in a light work out. tim beckham and chris archer was chatting with teammates. pierce and dickerson will provide a boost to the rays, dickerson wants to do anything he can to help the team out. >> i'm excited t is a new journey, i tear about hitting. >> i don't look any different i want to be out there to play. >> that's the big thing. >> a big weekend for the usf softball team. some high quality teams are coming in. the coach said that whoever made the schedule has to be a joker it is that tough. the two-time defending champion florida. runner up michigan will play at usf. and four teams that made the tournament will be playing this

airingson calls the set a mini ncaa regional. that's how good it is, something the bulls did not see. while this is a good measuring stick for the team, he will learn his team's identity at practice next week. >> i cannot wait for tuesday's practice next week. >> whether we win five, four, whatever how serious is the team about getting to work. >> that is the tail tell. >> and usf, that's a lineup of softball teams. >> that's great. >> thank you very much. coming up at 6:30 the day after new hampshire and the field is that much thinner. after the break the candidates calling it quits today.

and marco rubio learned a tough lesson. it's on me. his bad night may dog him for years. what he is up against.

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3 a developing st a developing story from maryland tonight, very sad story, two deputies have died after a shooting in a panera bread. there was a man causing a problem. when a deputy sat down next to him to ask how he was doing he pulled a gun out add shot him in the head. another deputy who chased after him was shot. he was killed by other deputies. the shooter had warrants out for his arest in florida. it's not clear what part of florida or what they were for. >> what a tragedy. the day after new hampshire is taking a toll on the field and two candidates are out but as kristin fisher reports, others campaigns are getting a shot in the arm. after spending more than 70 days campaigning in new hampshire and placing sixth in

that he is out, carly fiorina is throwing in the towel after a close to last place finish in new hampshire. and john case sick enjoying his wave of popularity. and he arrived in sick this morning and spent the day meeting with constituents and touting his desire to run a positive campaign, when people are negative. they have something they're not doing right to connect. i would rather be connecting and being positive. >> and jeb bush is hanging on telling voters they pushed the pause button. he unveiled an ad with his brother. >> there is no doubt that jeb bush will be a great commander-in-chief. >> taking the blame for his finish, marco rubio is admitting his performance at saturday's debate took wind out of his sail but he is ready to move forward. >> this is the good news we have a game coming up. there is a future here for us and the campaign but for the country. >> on the other side of the isle

bernie sanders was having break fast with al sharpton. >> sanders coming here this morning and it is clear that we will not be ignored. the votes must be earned, hillary clinton and bostons wail scare of atf the win in new hampshire for bernie sanders. next, south carolina and nevada they are next week. mark? the president went back to school back to where it happened returning to springfield, illinois. he launched his fir campaign there. during a speech he renewed a call to end partisan bickering. both parties can find common ground if they change their mind set. >> we fought hard for our positions, i don't want to be nostalgic we voted against each other all the time and party lines held most of the time but the relationships, that trust

at each debate assuming the best in one another and not the worst. >> the president's stop is at the start of a week long trip to california where he will raise money for the democratic party. the justice department filing a civil rights lawsuit against ferguson, missouri. the doj releetsing findings in the investigation. and after months of negotiations an agreement has been reached by both sides for new court regulations and changes to the police force. those reforms were to protect the rights of residents and address issues like police brutality. but the council refused to agree to the terms. now the u.s. attorney-general says that action had to be taken >> the department of justice is

city of ferguson, missouri, alleging a pattern of conduct that violates the first, fourth and 14th amendments and federal civil rights laws. >> what a mess. the city asked for changes to the agreement after finding it would cost close to 4 million doll dollarss in the first year. there is growing concern over the zika virus in the us the world health organization said it is an imagine and there are confirmed cases in the hay area and 11 other states. the latest in alabama. as we report tonight, congress heard testimony today from health officials. >> lawmakers on captiol hill focus on the zika virus. officials testifying at a hearing about the rapidly spreading bug. >> zika virus is new and they can be scary, particularly when they affect the vulnerable. >> the administration asking

yars in emergency funds to combat it here and abroad. >> the funding will go to mosquito control programs. education and vaccine red sox. the cdc lists 30 and territories where the transmission is taking place and puerto rico and american samoa. the type of mosquito which transmits dick is in southern parts of the country,. >> the next thing that may happy >> the next thing that may happy are cases or clusters in part of the that has the clusters in the past. we may see sporadic clusters in the u.s. >> the virus can be sexually transmitted and there is evidence linking the infection with birth defects in brazil. that's why the cdc is urging pregnant women to avoid traveling to the transmission zones and practicing safe sex with partners who may have been exposed to the virus.

it has been defected in saliva and urine. there is no proof of transmission in those fluids. the royal caribbean cruise ship battered by the atlantic storm is arriving back in new jersey. the an then of the seas departed for a 7-day cruise. on sunday it encountered the storm with the winds and 30-foot waves. and the rocky ride toppled furniture and caused damage to the ship. four people actually were injured but it is heading home now. as we span the globe. workers have started to clear the wreckage from that crash in germany. it was a head-on collision that killed ten people and injured dozens more. officials are working to find why -- to determine why safety measures failed allowing the

a crane was brought in to start moving debris off the track. that's a process that could take several days. none of the ten who died have been identified. the train drivers were among them. the concert hall where 89 people tide in paris will reopen but not happen until the end of the year. and it has been closed since the attacks in november. in the months since dignitaries and stars like u 2 and madonna have laid flowers to honor the victims. the pope is celebrating mass on this ash wednesday. the holiday working the start of lent. and the pope making headlines this week for agrees to meet with the russian orthodox in that's the first them they have met face to face. this very been at odds with each

russia, immigrants and isis on the agenda in brusselss as as ben hall reports allies took the boldest step yet in dealing with russia. >> the nato defense ministers agreeing to beef up in the baltic states. other logistics are to be determined. they have not approved plans for a force capable of reacting rapidly in a crisis. >> this will send a signal, make the world respond as one to end the aggression. >> we must be able to respond to the full spectrum threats from any direction. >> the u.s. defense secretary among those joining the meeting in brussels. the administration wants to increase spending on troops and training in europe.

the influx of migrants and combat human trafficking. hundreds have died, attempting to take the europeny. >> anything that irv is as lives in the eastern mediterranean and disrupts -- disrupts the criminal justice is welcome. >> and partners will be ask asking to do more to defeat ayes. all right what a difference a week makes. next our political editor craig patrick will look at marco

3 it's been a rough week for it has been a rough wreck for marco rubio could he be done y recovery for marco rubio could be tough. >> let's start with marco rubio's reaction to the results. >> inaccurate. s to not compute, he is paying for one bad night he will not forget. >> let's dispell that obama does not know what he is doing. dispel with the pictures he doesn't know what he is doing. he know was he is doing. >> the member or ized speech you talk about how great america is at the end does not solve a problem for one person. >> this notion that he does not know what he is doing. >> there it is. >> there is, the member or rised 25 second speech.

>> he is not a robot but he played one on tv. >> go marco? >> obama know was he is doing; he could not live that down. >> robot. >> when your campaign has to fight off a robot invasion, we love you, marco. >> it just does not look good. >> they are trying to move past the humiliation. he is focused on the next two weeks but it did not help him trying to sneak out in disguise. >> have you brought fruits or vegetables. >> two weeks. >> excuse me. >> two weeks. >> two weeks. >> when you recycle canned statements and opponent makes fun of you for it you respond by recycling the same statements. they can make you look robotic.

history of all man kind, the greatest nation, the single greatest nation. >> single greatest nation. >> tough wonder what gave him the notion that codeflect the heat by repeating the unrelated statements and expect to win. >> it was a problem to have on duty law enforcement there. >> i'm appreciative of support and those who come to the events. >> should there be discipline? >> i'm appreciative of everyone that comes to the events. >> he just learned what may pass in florida will not fly when you run for president. >> but he did, he knows it. >> i'm disaint toed t is on me. >> i did not do well on saturday night. that will never happy again. that will never happy again. >> happen again, happy again -- happen again, again, again. >> okay we added those last few

totally blanked out one time. >> oops. >> and howard dean only screamed like a maniac one time. >> yeah! >> so now marco rubio is on thin ice because he looked silly and fed a narrative that he programmed when the voters crave authenticity. >> i lost my last page. does anyone have my last page, he cannot laugh this off. even if he claims it started out the circuits. >> i think i drank clint eastwood's water. thank you. join craig on sunday for money, power and politics and mapping out the fight for south

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swing, swipe, smoke, crimes that cost major money, when they say crime pays, that's a lot. >> you cannot afford to break the law. i'm chris chmura. we'll add up the costs in a special report. tonight at 10. chris, thank you. a mixed end the dow is down under 100. the nasdaq up. split numbers. according to the retail federation 15% of adults will give candy this valentine's day. >> that's a great idea. so why not buy chocolates from the experts. and we go to lilac chokeit lates they have been making treats for 100 years. >> almond bark to squares, new york city's oldest chocolate make ser sticking with the classics. >> one of the things we do, we 1920s.

immigrant. he ca imto new york in the '20s and opened up a shop. this is where he experimented and created his recipes, we keep those and these are the favorites. >> look the predecessors the fourth generation owners are committed to not just the recipes but old world charm and even suppliers. >> we die our raw chocolate and used the same supplier. and it has not been any change in the formulation. the master chocolateier joined 30 years ago and a coowner. >> i love it. i eat it every day, he echos the tradition in his work making the chocolates by hand. using time honored techniques. >> it is a home style hand recipe.

ingredients, you know the finest the method is making it not for mass production but we make them in small batches. we don't.add preservatives t is hand made weekly daily and weekly. you never change the recipes. but the business is not easy. it sounds like a sweet job it is expensive. >> when the prices double, it will cost double. we cannot change the percentage of sugar versus chocolate. you know quality chocolates has more cocoa butter than mass produced chocolate. but sugar is 1/20th of cocoa butter. when you make the chocolate, are you much more exposed to pricing surges. >> it's not just the price of ingredients, demand fluctuates.

39 weeks out of the year we don't make it. 13 yeeks -- weeks we make up for that. two weeks of valentine's, easter. mother's day. halloween and then the last seven thanksgiving, hanukkah. christmas and new years. >> in the past four years since the team took over the company, they have doubled in size n new york, laura ingall. >> did you see. >> that i saw the candy corn. >> miss, that i like choke. chocolate, you may get some this weekend, i hope so. >> you know what is bad. the sugar addiction will kill me. it is incredible. >> and pretty good sun set. out in the west event sky on the tampa camera. 6:05 t is a nice view.

the winds which obviously have been a factor the past two days will diminish. and it is dry. and the radiational cooling. in protected spots it will be cool. when you wake up. >> for a time. >> the map has not changed that much. today was the sixth day in a row when the highs stayed below 70. dry air is in red.

>> in every state from maine all the way down to georgia and mississippi. and some know flakes flying today. it is a wintry scene. right now and 51. and it is chilly. 60 in miami. marathon. 50 up in tallahassee. the winds are gusty now there will be siding. those of you that are watching me now and live in a protected spot away from the water. you know who you are. the folks that get extra cold in a pattern like this, you will be frosty tomorrow morning. the light purple 3 a.m. the

blue we have a freeze warning. and the areas and fort worth at 10 no big storms it is lake effect and lake enhanced. the waters of the great lakes it has not been cold the waters are warmed and the snow machine gets going. a band of snow 74 in dallas. tonight will go 32 in spring hill. same in brooksville. that's frost. 33 in zephyrhills. that will stay 40s issue in pinellas and tampa. and any of the colder spots in hillsborough could put up a 35 or 36 on the board. and in lake wood ranch, 39. cold air usually drains down the

many spots inland wild be colder than in tampa. clear, cold and winds diminishing 40. sunshine tomorrow on the cool side. 64 on friday. 69 and the weekend i tell you it looks good. rain monday and tuesday in 1934, steak 'n shake decided the world didn't need another hamburger. it needed a steakburger. so they used 100 percent beef. quick seared to seal in the flavor ... ... you'll only get from a steakburger. steak 'n shake,

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11:00 news. see you then. >> thank you. from carving meat to wood, dave watson went from being a chef to a chain saw artist. his works of art are on display at the state fair. they're what is right with tampa bay. >> i have been doing this for 26 years, full time. i saw someone doing it and thought if they could i could. champ saw art. >> and they produce 4, 5, and some days when do you the pieces do you one a day. i love it. it is a lot of fun. >> some religious pieces, trees in yards.

cats and dogs. >> and big eagles. i do small things and show and then i do bigger things that take 2, 3 hours.