The head. They scanned him and said he is good. Reporter sanra is grateful to the Ice Cream Truck driver who followed the truck. The suspect, billy joe gibson, turned himself in after the witnesses called the police. He stated it was him. He was driving through the area, and hit the child and freaked out because he had a suspended license and didnt know what to do. Reporter he is charged with leaving the scene of an accident with injuries. He left the scene but ultimately turned himself in which makes a difference. Reporter she hopes no one else goes through this. There are a lot of kids around here that want ice cream. Reporter police say the chrysler was registered in gibsons name. Bond is denied for kelty who was accused of running over a police officer. The officer and his wife asked the judge to keep him locked up and after seeing the dashcam video the judge decided not to let kelty out of jail. Lets check in with glenn on the cold water. Glenn air is dry, clear blue skies and no rain on the radar. Here is the frost advisory along the west coast and up to the north we have the freeze warning in the light blue including gainesville where temperatures will drop down to 3032 and in above freezing. It has been a pretty day with the air being dry. Look at the dew points. Now in the teens to low 20s which is extremely dry especially for the sunshine state. Here are the forecast lows. 41 in melbourne, 44 in the metro, 37 in leesburg, 33 in ocala, and 31 back over into gainesville. Live picture outside with the visit orlando tower cam atop the Hyatt Regency orlando. More on the weekend coming up. Luanne floridas Death Penalty is ruled unconstitution with the justice saying it gives too much power to the judges and not enough to the jury. Dana jay is live with more on the decision. Decision stems from the case of a man name Timothy Hurst who was convicted of murder panhandle. The judge imposed the sentence of the Death Penalty but the jury was divided. The reasoning behind the u. S. Supreme courts ruling on floridas Death Penalty is easy to understand. Our florida statute is unconstitutional because it leaves the Decision Making to the judge and the judge alone. Reporter but Orange County public defender Robert Wesley says what comes next is much more difficult. It is like an announcement saying this is wrong, but doesnt tell you how to clean it. Reporter the justice left the next steps up to tallahassee. Death penalty their job is to write a new constitutional statue and that will take time. It might in a special session later. Reporter they have to decide what to do with 390 people on death row right now. One sweeping option would be to give everyone of those people a life sentence instead. But the court has said they have no comment at this time on what they plan to do with that ruling. One thing we do know is Death Penalty cases in florida are on hold for the foreseeable future. Live in the satellite center, i am dana day, fox35 news. Bob breaking news and we are literally just getting this news. Crews aboard two u. S. Navy boats are being held by iran according to u. S. Officials. There was a mechanical trouble to run aground in iranian territory. Iran promised the crew members and boats will be returned safely and promptly. We will keep you posted. Luanne a homeowner caught back when he heard someone breaking into his garage he got out his gun and fired. Darryl nail has the story. Reporter this long time resident who asked us not to use her name walks the neighborhood sidewalk without any worry for her safety but yesterday she was nearly run over by an alleged criminal on the run. Running over and almost killed me, i tell you. Like real life. Reporter the police say here on 11th avenue around 1 p. M. A home owner heard a noise in his garage and went to investigate and found this man described as a white or hispanic male in his late 20s stealing the homeowner took aim and fired one round at the man and he ran to this white vehicle driven by a black man and escaped. He realized he could not keep going and took a right hand turn on the driveway giving him enough time to get on the side walk where the resident was walking. Like 200 Miles Per Hour it felt like. Reporter both suspects got away and although they received helpful. Now residents here want them caught for their safety and the suspects, too. I am sorry for them. Regardless of the situation, but yes, they need to be caught. Reporter darryl nail, fox35 news. Luanne police do not know if the suspect was hit by the one gunshot or know. If you have any idea who the bob Governor Scott kicking off the legislature with the annual state of the state address focused on cutting taxes and boosting spending on economic development. Scott is urging lawmakers to create a trust fund for corporate incentives. The creation of this new 250 million dedicated trust fund to help diversify floridas economy, support our small businesses, and become the number one place in the world for families to get a good paying job. Bob Governor Scott is pushing for a billion in tax cuts mostly for businesses. The governor says the best way to help the poorest people is lure more jobs to florida. Lets check in with our political editor, craig patrick. The legislature is kicking off the session and has a lot to get to including a billion tax cut that governor rick scott would like to see. Reporter yes, and he called for this also. And it all broke down because you had grid lock between the house and the senate. It is not clear if he will be able to get movement this year but given the dissension you have the president saying they want to move forward and they are hoping for a productfull session. He is still focused on job creation talking about the jobs he has created and where he wants to move forward. Reporter he wants to reform Enterprise Florida and there is a risk and debate on how to fund job incentives in the state. And why eliminating the sales tax on manufacturing equipment through tax cuts the governor says growth will come. Many critics say growth is a good thing, particularly after recession, but you have to doesnt grow out of control in a state where many come to florida for the idea of florida and value the environment as well. Luanne coming up, a woman thrown in jail for puppy abuse. I feel like you should not have a animal if you cannot handle the responsibility. Bob what the police discovered and why they made the arrest. Luanne laser focused on your phone all day . Unlimited returns but there is a catch here. Luanne new at 5 00, a worried neighbor called the Daytona Beach police after sheed a woman was hitting her dog and leaving it alone on the porch. Bob the Police Showed up and made the arrest. Kelly joyce is live. Reporter police are investigating still and we have learned a vet is looking over the puppy at the halifax humane society. This is the six month old pit bull puppy brought in. His owner was arrested for charges of animal cruelty and refusing arrest. A neighbor saw her hitting the puppy with the belt and took video and showed the police. After showing the police the video the Police Arrested her after she admitted to hitting was chewing things up in her apartment. These dog lovers cant believe this. Take time and train your dog. That is terrible. You cannot have a an animal if you can not handle the responsibility of it. Reporter she bonded out of jail and we went by and left a message. The neighbor didnt want to talk on camera but wants james prosecuted to the fullest. No on wor no word on what will happen with the puppy and if it will go back to the owner or be adopted out. Luanne tonya couch is released from jail and reporters swarmed her hoping for a comment but she was silent. She is going to be fitted with an ankle monitor today. Son flee the county. Ethan couch was sentenced to ten years probation after getting a dui crash and killing four people. Bowe bergdahl appeared in court today accused of walking off his post. He is expected to go before a Court Marshall this summer. If convicted, bergdahl faces live in prison. Take a look at this. A driver of a pickup truck slams into a fire hydrant sending the water shooting up in the air. The driver was trapped close to live wires. Utility workers had to help firefighters rescue that driver. Bob look at this dangerous conditions in lansing, michigan. Snow and slick roads making a 96. Drivers being warned to watch out for the black ice. This is awesome. A car frozen solid in buffalo, new york near lake erie. High winds and freezing temperatures turning the car into a sculpture. The guy parked the car to have drinks with friends overnight. Rocks. Until it thaws he will have to bum a ride with his parents. Probably should have anyway. We dont have that kind of weather going on but it is cold for us. Glenn it is cold. There is going to be frost in the ocalagainesville area on the ground. Not in the metro, but further north and west, if you want to make a snow ball kind a couple cars, scratch off the frost for a couple hours and you might get temperatures were cold this morning. 28 in gainesville, 37 in the villages, 38 in leesburg and sanford, and deland down to 30 and melbourne down to 43 and 43 in lakeland. A cold start as expected. The forecast for tonight does include a little more moisture. Not much. Just enough. By late tonight there is more frost expected in the zone in the right and a freeze warning for ocala and gainesville with temperatures getting down to 3132. Tonights forecast lows about the same. To the north and west just a hair warmer. 65 in melbourne, 62 in daytona, 64 back out toward clermont. Temperatures are running about 37 degrees warmer right now compared to yesterday at the very same hour. Look at the dew point hours. Lower 20s. It is nice out. Of time doing work. You will not work up a sweat with the temperatures cool and the air dry. Live picture here across the Metro Orlando. This is with the brand new visit orlando tower cam on top of the Hyatt Regency orlandoism chilly weather expected new through tomorrow. Then we will warm it up for the week. Rain and thunderstorms will arrive during the day on friday. Doesnt appear it is going to be overnight. Instead friday late morning and into the afternoon. 61 in tampa, 65 in miami, 60 toward tallahassee. You can see the snow flakes flying. Buffalo extending out through portions of pennsylvania. Snow in michigan. Another shot of real cold air but this is cruising just to the north so we are going to start to warm it up. Also our computer model chance of rain at the end of the week. Mainly dry conditions tomorrow, High Pressure around. Late thursday, we will start to throw in clouds into the forecast and a chance of showers overnight thursday night. Again just a few little showers. Not a big deal. As we get into friday that is when we have the better chance of thunderstorms. Low pressure does come together. Most of the models are indicating it will. But still the forecast track a little unsure. Some bring it up here and others lower toward the tampa area but there should be a storm center that will form and quickly move across the area during the day on friday. This is about two in the afternoon with heavy rain and thunderstorms to the north. We will get the cold front with the potential for thunderstorms on friday. The front gets out of here and the skies begin to clear out just in time for the upcoming weekend and a slim risk of Severe Weather through the day 4244 for tonight. Tomorrow just like today high up to 64. Here is my accurate weather sevenday forecast. Mid60s tomorrow, warmer on thursday with 70 but thickening clouds. Chance of thunderstorms during the day on friday and the skies clear just in time for the weekend. Bob thank you very much. The big powerball drawing tomorrow. The jackpot is now 1. 5 billion. 1. 5 billion. Wrap your brain around that. Luanne i like how they crossed it out. Bob they dont have the machines to update the numbers. That is 200 million it jumped occupy up. Holy cow. This makes it the worlds biggest. There is a new app to help you organize office pools called lottery pool boss. It helps people keep track of who is in what pool and who does it get when people win the lottery and now it is you did it saturday, wednesday bob how much did you put in . You would have to disappear. It is so much money. Luanne i would gladly disappear with 1. 5 billion. Bob i would, actually. Luanne a deliver man threatened over cold pizza. Bob how the pizza guy escaped. Luanne and it is back. Unlimited data from at t. Fox business explains what you at longhorn steak like this doesn t need anything else. Which is why we don t just add, anything else. Longhorn steaks that sizzle for 12. 99. The new smoky bacon sirloin. The new spicy grilled jalapeno sirloin. All with hand chopped salad unlimited bread for 12. 99. Tonight only at longhorn steakhouse. You cant fake steak. And for lunch try our new steak and bacon cheddar melt. Luanne fox business. At t is bringing back unlimited data plan. Talking with adam from the fox business network. Before at t customers get too excited. There is a catch and a pretty big one, right . Right. Lets say you have an at t smart phone or cell service but you are on someone elses cable system. To get that unlimited data you have to sign up with at ts direct tv or uverse. Sprint and from sprint get the unlimited service. They spend 49 billion to buy direct tv. So in order to get unlimited data you have to have their cable offering. Will knowing luanne why after five years did at t say they were bringing back the unlimited wireless . Video uses a lot of data. More and more people are using data. At t is figure look we have to unlimited plans. It it depends on how many people are on the plan and how much real data you are using. Year and you will see your average monthly data usage. Luanne good stuff, good to see you, adam. Bob cold weather revealing warmts. Luanne generous people sharing Winter Clothes to those in need. Time is everything. Bob the driver so successful Orlando Police might do it again. How you can help out. Holly . Reporter a man is out of with him aggravated bob new tonight, a pizza delivery man threatened in luanne the cust am the customer complained it was too cold and grabbed a gun. Lab Holly Bristow has more. Reporter the man threatened the Delivery Driver because he did did did not feel the pizza was warm enough. This Pizza Company experienced a first this morning when a driver made a delivery. They gave us the wrong address. We called him to verify the address. Reporter according to the police when man gave the driver a different address and when the man arrived he grabbed the pizza and said it wasnt warm enough. Ken french is the manager. He had back and forth with the driver and pulled out a gun and said what did you say and and he said i thought that was what you said or i would put a couple bullet in the back of your head. Reporter the deliver driver went back to the store. He was shaken up. Reporter they have four stores in the area. Any experience like this . This. Reporter police went to the address where the pizza was delivered and found the man and arrested him. It was his first day. Reporter a first day he will not soon forget. Bob crooks stress up as deadpool comic book characters to try to steal an atm from a business on grisom parkway. Call the police right away if you have any clues on man. Shoving a flight attendent during a flight to miami. Witnesses say they heard him arguing with that Flight Attendant and using bad language. He shoved and pushed her. Somebody come here. Somebody help. Luanne Authorities Say he headed to the back of the plane where a sky marshall detained him until the plane landed. A bottle of liquor fell out of the mans pocket according to a passenger. Bob big hearts on display with bags and bags of warm clothes dropped off for the needy. Luanne they had so much success they are thinking about doing it again. Jackie orozco shows us. Reporter the first ever curb side jacket donation has donating jackets, gloves and scar scarves. We all have something we can give. We need to dig deep, pull it up and share. Reporter this jacket was donated to this veteran. Her son was a marine and so was Arthur Herald who has been homeless for five months. I am grateful. It made me feel good. I dont have a jacket. Just a wind breaker. It has been chilly out here. Reporter the good word spread quickly. Since 7 this morning people came to the Orlando Police station to pick up blankets and coats. Are lot of Homeless People dont have anything to put on. Reporter the Orlando Deputy chief started the coat drivethru as he saw a homeless man shivering as he slept on the sidewalk. Him a plank blanket and he was so appreciative. Reporter the bins filled up so fast the cops had to make several trips to the homeless station and those in need couldnt be more thankful. To those who donated god bless you. We all need a push of faith sometimes in this choral world. Bob the bald eagle that took a swipe at donald trump during this shoot is coming to the brevard zoo. Uncle sam is part of project raptor. The event is from january 16th18th. Luanne it kind of looks like a nest. Bob the bird or hair . You cannot blame the poor bald eagle. Major ebt fraud bust. Police take down a man they say luanne using cards meant to help poor families to commit crimes. How he was busted head. Bob and president obama making his final preps before his final state of the union. The hot topics he will take on tonight after the break. Glenn looks like a frost as advisory to the north and freezing temperatures. We will talk about that and the threat of Severe Weather on friday. Luanne thank you, glenn. Time for the fox35 planned parenthood streeeeeam stream, stream, streeam streeeeeam stream, stream, stream when i want you in my arms when i want you and all your charms whenever i want you luanne president obama is making final preparations for tonights state of the union. It is being described as a nontraditional speech about the two things that helped him get elected in the first place hope and change. What i want to focus on in this state of the union is not just the remarkable progress made, what i want to get done in the year ahead, but what we all need to do together in the years luanne joining me is frank torez. Thank you for coming in. Any time. Luanne the president gives his seventh and final state of the union. What tone are you expecting him to take . The staff is saying it will be different than previous state of the unions. He want to set had agenda for the upcoming president ial election. He wants to lay out what he would like to see the other candidates talking about in addition to what he hopes to accomplish in the last year. Luanne this is the lame duck phase of his presidency. How likely is he to get anything done in the last year . It is tough for a lame duck along. He is going to knock out the stuff he can like Public Safety control. He is going to try to get as much done as possible moving luanne a new poll shows 710 americans think the country is headed in the wrong direction. Do you think the president will be able to change how people feel with his speech . Trying to change that sentiment begins tonight. Another important function of this address is lay out a vision of the country and back pedal and go over what he did to try to change the sentiments about him because if he doesnt it creates a problem of Hillary Clinton who a lot of people are saying are running an obama third term. He is going to lay out the positive road he sees the country taking in order to set the tone for the upcoming election if he wants democrats to keep the white house. Luanne how much do you think the speech is about getting the country to vote for another democrat . I would say at least 50 . The president role they will have the house and sent ate and the presidency. Very important night. Bob Falling Oil Prices mean layoff for british oil giants bp. They are planning to cut 4,000 positions in the exploration and Production Department with Oil Prices Falling to 30 a barrel. Massive fraud take down. Luanne one man used ebt cards to fill up convenience stores. They are sick of it. A lot of people need these cards because of family crisis. Luanne we will have more on the take down next. Bob first, you could win a super bowl experience to the rolex 24. You will get a meet and greet with the team. Visit visit facebook. Com fox35news page to enter. You can enter to win once a day. We will announce the winner on monday. At longhorn steak like this doesn t need anything else. Which is why we don t just add, anything else. Longhorn steaks that sizzle for 12. 99. The new smoky bacon sirloin. The new spicy grilled jalapeno sirloin. And the parmesan crusted sirloin. All with hand chopped salad unlimited bread for 12. 99. Tonight you cant fake steak. And for lunch try our new steak and bacon cheddar melt. Bob a man was buying ebt cards to stock up convenience stores. Loads of evidence were taken in. There are a lot of people that need these cards. People were selling the cards to him and putting money back out on the street. Reporter the investigation began 15 months ago with the store managers tip saying there was something suspicious about the ebt use. Officers found he was buying them. If he liked you you got 50 cents on the dollar. If not, 30 cents on the dollar. He would take the cards, go to sams club, buy everything he needed, go to bp and turn around and sell it to the guy. Reporter he stocked his own store, kings food mart. When he was finished he would cash out the remaining balance at the bp station on Fourth Street north. Of crime in the community because you got people not purchasing food from him but taking their credit cards to him. Reporter 430 ebt cards have been linked to him. On monday they took away the goods from the store and 169,000 in cash. When the they arrested him he knew the gig was up. Reporter he was cut off from food stamps but reapplied and was denied. The police hope they tack this arrest seriously if you are out there doing this to the people and the stores we are coming for you. Reporter fox35 news. Bob the chief said this is far from over. An additional 50 warrants have been issued for those who sold the man their ebt cards. Glenn a chill in the air today struggling to get into the we were starting out in the 30s and 40s this morning. Cold enough tonight to expect frost in the ocala and marion and extending along the west coast. Further up north and west in gainesville and points north you will have temperatures getting down around 3032 degrees. Again a cold night expected. 41 is my forecast low for sanford, 41 in melbourne, little warmer around the city. We are picking up enough heat it will take time to get the warmth absorbed by the concrete and metal for that heat to escape. Leesburg is 37 and 31 further north and west toward gainesville. 62 in daytona. 65 in melbourne. Humidity levels low, around 20 for most of the day today. Again it looks like overall a however, also a few clouds in our sunset view. This is our visit orlando tower cam on top of the Hyatt Regency. A beautiful sunset in central florida. An indication with the clouds something is brewing to the west and to the south. 53 by 11 am tomorrow. Slow warm up. High back up to 6264. And tomorrow Late Afternoon back down into the 50s. The breeze is light from the north and northwest. 62 here, 62 in houston. Got to go out to los angeles. Single digits are prevalent through the upper midwest and unfortunately for them temperatures again are going well below 0. Here is a look at the county cast over the next several days. 64 tomorrow, thursday a Beautiful Day up to 70. Heads up for thunderstorms during the day on friday. The best chance is through the then as we get into the weekend, we will see more sunshine. The model is indicating a chance of showers for the weekend and cooling down for next week. Along the coastline, we are expecting to see a chance of storms during the day on friday. The chance of rain is 60 and also cooling down as we get into the next week and further up to the north and west in ocala and gainesville your sevenday forecast, 60 tomorrow after 32 for the morning low. Good chance of storms for you on the day on friday. Look at next week, sunday, monday and tuesday, highs only in the lower to middle 50s and overnight lows back into the 30s. 44 in the city tonight. Colder outside of town. 64 as we get into tomorrow afternoon and the sevenday forecast for Metro Orlando 64 tomorrow, 70 on thursday, and chance of storms on friday, and again another cool down for next bob thank you, sir. The best way to see disney . Luanne possibly sky high. Reporter and space ship earth from epcot. Luanne how you can jump into a hot air balloon for 10. Bob and tom brady said he hasnt done one thing that most we will song thats life song thats life song thats life song thatsplife thats life. You diet. You exercise. And if you still need help lowering your blood sugar. This is jardiance. Jardiance works around the clock to lower blood sugar in adults with type 2 diabetes. It works by helping your body to get rid of some of the sugar it doesnt need through urination. This can help you lower blood sugar and a1c. And although its not for weight loss or lowering systolic blood pressure, jardiance could help with both. Jardiance can cause serious side effects including dehydration. This may cause you to feel dizzy, faint or lightheaded, or weak upon standing. Other side effects are genital yeast infections, urinary tract infections, changes in urination, kidney problems, and increased bad cholesterol. Do not take jardiance if you are on dialysis or have severe kidney problems. Stop taking jardiance and call your doctor right away if you have symptoms of an allergic reaction. Symptoms may include rash, swelling, and difficulty breathing or swallowing. Taking jardiance with a sulfonylurea or insulin may cause low blood sugar. Tell your doctor about all the medicines you take and if you have any medical conditions. So talk to your doctor, and for details, luanne this guy is a fugitive in ohio and hated the mug shot people were using to find him so he took his own selfie, sent that to police and said use this one instead. Donald chip pugh is still on the run. His selfie is on facebook now. Police hope the community will help find him. Bob here is what we are looking at. This sign in illinois has people doing a double take. Suicidal deer it reads because there were 33 crashes of car vur versus dear in 2015. The county bought four signs hoping they will slow down and luanne critics say serias dress was too much last night singing the national anthem. Bob tom brady says he doesnt drink coffee in the morning. What . Because he has never even tried coffee. What . About 80 of what he eats is vegetables. And that is leading to some funny twitter post like this one saying tom brady said he never tried coffee . There is Something Else he hasnt tried. Loosing. I see a correlation coffee equals loosing and vegetables equal winning. We will see what happens. Luanne up, up and away. Bob see a side of mickey you have never seen before. As we stand over the lake, we can see the west side portion of downtown disney. Bob coming up next, how you luanne the best news of Disney Springs a sky high. Bob you have seen it out there. David martin is taking us on the characters in flight balloon. Reporter in case you missed we on good day we are live at Disney Springs. What do you say up in the sky . You guys ready . Reporter i am ready. Up, up and away. Daniel, how are you . Doing great. Reporter as we extend over the lake we can see the west side of downtown disney. Out yander the beautiful epcot. How high does this balloon go on a typical day . A max flight of 400 feet. Reporter we are allowed to go how high at the current how . 300400. Reporter we can see you hovering over the study io with the new camera. That is terrific. What are the ticket prices here . 18 for adult, 39 children are 12, children under three can fly and they are free. Before 10 am the flights for everybody are 10 each. This is an early bird special. Reporter i will so you tomorrow morning on good day orlando. Bage bob the search for a bold pet shop thief. Luanne he stole a python by bob and el chapo is sparking during this extended visit from your extended family, all you want is a peaceful moment to stream your show. And you need enough bandwidth to share with a full house of hungry users. Lightning internet from bright house networks. The speed you need. And now connect to. Premier tv, 15 megabit internet and hddvr service. Only 92 a month