they did why this couldn't be considered an attempted manslaughter or homicide charge. i'm working on that for 6:00. carla ray, end. a -- care la -- carla ray, channel 9, eyewitness news. george estovez is live with more on the new death penalty law. >> reporter: there's 400 criminals waiting to be put to death. their lawyers are try to get their case retried but that may prove to be more complicated than it sounds. cruel. >> those are some of the qualifications that need to be to be put to death. >> a jury just no longer recommends to a judge whether the defendant should be put to death, they now decide. the 12 jurors need to agree to land someone on death row. we asked what happens to cases that have been decided. >> it's the $64,000 question. >> we asked form er er chief judge and wftv legal analyst belvin perry if they will try to have cases looked at again, trying to over rule the death penalty ruling. that will be left to the florida supreme court that will decide how this new law will be applied to prior cases. >> that's something we have to wait and see what the supreme court says on that issue. >> reporter: it you will started when the u.s. supreme court found that florida's death penalty process was unconstitutional. this new law may be a temporary fix. if it gets contested it may end up in back in front of the high court again. >> thank you, george. the road to the white house runs through central florida tonight. marco rubio will address supporters in sanford. ty russell is live tonight. this seminole county visit comes on the heels of a stop in tampa and a win in puerto rico over the weekend for rubio. >> reporter: greg, senator marco rubio is still more than 200 delegates behind the party's front runner donald trump. he's depending on the people in florida to help him boost that number and rubio is scheduled to speak inside this airport hanger in less than 3 hours where security is meeting about it. rubio is speaking in his home state where he's faced some heat over his voting record. 9 investigates first told you last october rubio had little time for the job he was elected to do. we requested congressional records that show rubio missed half oh the votes in the senate since announcing his candidacy in april. he missed committee meetings too where laws get crafted. we talked to the he told us he has not forgotten about his day job. >> well, that's not accurate. that's just political attacks against he me -- against me. i have a 90% vote in the senate. if there's been a key issue like the sanctions on north korea i go to washington and cast a vote. >> reporter: now florida holds 99 delegates and the winner takes all. so coming up at 6:00 we talked to the senator and we asked what happens next if he doesn't win his home state. we're live at orlando sanford international airport, ty russell, channel 9, eyewitness news. >> rubio is making his way all across florida this week. right now he's in tampa ahead of tonight's sanford appearance. he's at the tampa convention center where he just started talking and speaking to the crowd there. he'll make appearances in sarasota as well. so far ucf got what it downtown campus. lawmakers agreed to set aside $20 million from the campus. it still has to be stamped by governor rick scott. we caught up with scott today in jacksonville but he couldn't tip his hand on whether he will arrive it. he said he will review the budget when he gets it. if it gets that final stamp of approval officials hope to break ground in 2018. in volusia county the search continues for the man who stole a mother's car with her daughter still inside. at 4:00 blaine tolison told you the suspect stole the parked car off of white court while 12-year-old was sleeping in the backseat. when he noticed her he jumped out. police got a good description, blaine. >> reporter: they said the suspect had a mohawk and gold teeth. i'm standing where he stole the car with the child inside. you can see children playing behind me. this is why neighbors are so upset this happened here. in daytona beach has neighbors questioning how safe their community is for the children who live up and down the street. >> i think it's really, really, really scary because i do have children and because there's so many children on this street. >> a mother called 911 this morning when police say a man jumped into her car and drove off with her 12-year-old daughter asleep in the backseat. neighbors who spoke with the mom said it happened several minutes before she called 911. >> not even 10 minutes ago. >> so within 5 to 10 minutes. >> yes. my daughter is in the backseat of that car. >> okay. she's 12? >> yes. >> the suspect only drove a few blocks before ditching the car at an apartment complex. police say he must have realized the child was in the backseat. officers got in contact with the girl by cell phone. >> she was able to tell the police officer where she was and that's how they got to her so quickly. >> reporter: luckily in all of this the child was not harmed. the suspect faces a grand theft charge if he is caught. live tolison, channel 9, eyewitness news. for the first time in florida full strength marijuana set to become legal for terminally ill patients. the state senate approved a measure today expanding on a 2014 law. the house approved the same bill thursday. rob bradley said the marijuana legislation is just common sense. >> what the legislature has done is said that children who suffer from seizures and people who are at end of life they are not criminals if they avail themselves of medical cannabis. >> some people said the bill is too restrictive about who can grow the marijuana. supports say they're confident governor rick scott will sign this into law. a battle over funding juvenile detention centers could come to an end. in an emergency meeting today volusia leaders agreed to settle a lawsuit in which the county demanded money hope a new senate bill can move forward that would split the cost between the state and county government 50/50. orange county deputies need your help identifying the driver of that white ford pick up truck. this surveillance video shows the driver of this f-250 was firing a gun. you can see the truck speed away. we've been telling you about shots fired saturday night on west colonial drive. no one was hurt. orange county deputies are asking for help in a homicide investigation. fire rescue responded friday night to a home on winding trail in orlando and found the body of daniel medina. his death was ruled to be a homicide. investigators are not releasing details but say the case is open and active and you're being urged to call crime line if you have any information. this picture of a local father saving his son from a flying bat during a spring training game is going viral tonight. >> i could have died or went to the hospital. >> all new at 5:00 how that father said he was able to react so quickly. >> plus. . >> people told us their homes shook when this massive oak crashed in the middle of their neighborhood. how other orlando residents find out if their trees are in danger of collapsing too. >> you might have to pay more to drive on some of central florida's busiest roads soon. why not everyone is on board with the plan designed to speed up your commute. >> our warm up starts tomorrow. next an hour by hour look centurylink prism tv has all your favorite channels, tons of live sports, and more -- all in crystal-clear hd. watch when and where you want with advanced features like our wireless set-top box, whole home dvr, and prism on the go. and choose from a variety of great packages to fit your home. call... ...and get started with the prism essential tv bundle. you'll get tv plus up to 40 megs of centurylink internet all for only $75 a month. this deal sounds great, especially if you love sports. get prism essential tv and up to 40 megs of internet for only $75 a month. score! or, if you love great movies... 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[ whip cracks ] [ normal voice ] call... get started with prism essential tv plus up to 40 megs of internet speed. just $75 a month for a year with autopay. speed may not be available in your area. only from centurylink. you're watching channel 9 eyewitness news at 5:00, coverage you can count on. more lanes that would help you dodge traffic could be coming to our busiest roads. we told you how the express lanes would allow for drivers to pay work is already underway. today shannon butler found plans to add them on two stretches of the beach line. shannon, the made of metro is not convinced this is the best way to fix congestion. >> reporter: no. you can see how busy the toll roads are during rush hour. the state thinks more lanes and charges you more will ease all of that but they're fighting their own kind of roadblock. >> it's been a discussion for years, what to do about the congestion along busy toll roads here in central florida. there's options. widen the road, have drivers take public transportation or if you ask the folks at the turnpike, take some lanes and charge you even more for it. >> it's all for discussion in a vote this week and some like chairman scott boyd said there's no way he can get behind it. >> what's the better option? -- widen out. >> it's called toll within a told and could be on the 528 one on the 417 going both ways. for now there's a lot of opposition from community leaders who think making you pay more for your drive is just too much to ask. >> we need the fix the system in a way that ever one of our toll payers who are using this system are able to get up and down the corridor. >> reporter: now, this week is a big week for this project or proposed project. seminole county is expected to talk a little bit about it tomorrow, thursday the expressway authority will bring it up. the vote that will count is metro plan. they're expected to talk about this and make that vote. it's unclear if they have enough support to get it through. for now live in orange county, shannon butler, channel 9, eyewitness news. right now let's go ahead and take you back to tampa. marco rubio just took the stage and we this is ahead of tonight's sanford appearance and there's marco. we told you that he will be in sanford a couple of hours after the stop as he continues to cross the state making up for what appears to be a double digit deficit to donald trump ahead of the primary march 15th. we'll have more on eyewitness news another 6:00. we will stop in sanford also. we'll stay on top of marco rubio's latest rallies as he continues to gain supporters. today uber launched a new app experience called vote asking voters to vote on the access for uber. it would prevent local governments from regulating services. last week we told you altamonte springs partnered with uber for a deal that would benefit riders. the bill on trips that start and end in city limits. you will save 25% on rides to or from the sun rail station. uber will do background checks on drivers. here's a story to think about tonight, what would you do. a volusia county man accused of robbing a bank saturday is in jail right now after his wife turned him in. daytona beach police arrested anthony carpino yesterday after his wife saw these surveillance pictures on facebook. police say carpino robbed a wells fargo saturday by handing a teller a note. after his arrest he said he did it because of a drug relapse. his wife called the cops. more than 21,000 walmart and sam's clubs employees are paid this week and they will get a raise. anyone hired before the new year will make at least $10 an hour. walmart said it will be the largest ever on a single day in the private sector. if you filled up your gas tank you probably spent more aaa said gas prices in florida have increased around $0.10. right new the average price for a gallon of regular gas in orlando or is $1.80. find out where the cheapest prices are head over to wftv.com. >> a lot of folks taking advantage of the low gas prices. we have lots of visitors for spring break. >> this is one of the weeks that you can ride your bike around florida. beautiful weather. upper 70s in orlando, low 70s along the beaches today. a lot of blue sky. in the distance you can see some cloud cover. we're actually looking southeast towards osceola county. there are a few brush fires in osceola county. i'm not forecasting a lot of fog tonight but in areas around any brush fires we could have pockets of fog reducing the visibilities on some roadways late over night through tomorrow morning. if that becomes an issue bryan shields will get you know tomorrow morning. now in orlando, 72 titusville. warmer in the villages and ocala in the upper 70s at this point. you may have noticed the sunset times seem to be getting later and later. they are. tonight sunset will be just before 6:30. a week from tonight 7:33. that's because you're going to set your clocks ahead one hour on saturday night. remember daylight's saving time this weekend. by april 1st it will be at 7:43. by june 20th, the longest day of the year will be 8:26. after that the days begin to get shorter and shorter. tonight temperatures will be in the 50s by morning after an evening in the 60s. sanford your early morning temperature is 57, 55 in the villages, 56 palm coast. titusville and melbourne the low 60s by morning. a few coastal clouds as well. hour by hour our temperatures warm up quickly tomorrow. by 10:00 a.m. we're at 72. remember we start in the 50s in orlando. 2:00 p.m. we're hit 80 degrees. that's lake eola. new smyrna beach temperatures in the 70s all day. so it will be a little cooler in volusia county. notice the increase in cloud cover as well. if you're in clermont, temperatures a little warmer. we'll be in the upper 70s by 2:00 p.m. crane's landing, greater hills. the low 80s in clermont. remember you can always see that hour by hour forecast for your neighborhood. all you do is download the wftv weather app, you click on one of these buttons and it will show day. pretty cool. highs tomorrow again depend on your location. the low 80s leesberg, clermont and the villages tomorrow. if you're in sanford, 79. kissimmee, st. cloud, celebration, orlando all at 80 tomorrow. 73 degrees in daytona beach and mid 70s in brevard county. here's the weather set up. this high keeps us dry through friday. no rain. with the southeast wind the mid 80s. the next front dwunt approach until the weekend. that will deliver the next chance of rain. for this weekend we'll be warm, mid 80s inland, low 80s at the beaches if you're going that direction. breezy and rain saturday or sunday. right now the forecast models disagree on which days it will rain. it looks like we'll get one or the other but not overly rainy. here's your five day forecast with the weekend always in view, look at that warm up. no rain through friday. 86 on thursday and friday. then saturday and sunday a 30% chance for rain each day but i think we get one or the other. temperatures staying warm. in the next half hour how quickly tonight's temperatures fall hour by hour. at 4:00 we told you this convicted felon is now accused of shooting at an innocent family. at 5:00 we're asking how it could happen since the suspect is on gps monitoring. >> how the concern over zika is putting a strain on osceola county. shook after a massive tree fell. >> out of the clear blue sky my world was starting to shutter and shake. crews spent part of the day tree that collapsed in the middle of an orlando neighborhood. one neighbor said his whole house shook from the force of it and said it was lucky that one was hurt. >> the clean up started yesterday but it was still wet underway on monday morning. you can see where the tree came crashing down right here. this is where it stood and this is where it destroyed the sidewalk here. >> people who live on this street say the force of this tree coming down actually shook their homes. >> out of the clear blue sky my world was starting to shutter and shake. >> that's how edward gardener describes his sunday afternoon when a massive oak tree on his street in lake eola heights came crashing down. >> it just went boom. >> no one was hurt and the damage was limited to a fence and a cable and power line. >> everything in my house just shuttered. wasn't serious. >> >> -- andrew kitly said he inspects tree. >> there was no sign that this tree was dying on the inside. >> right. we've seen perfectly healthy looking tree s like this that was totally green that just fall over. >> kitly said rain may have been the thing that finally caused this tree to topple. the stay paid half a million dollars for a tree inventory in 2007 and the team still work off the study that followed. constantly inspecting older trees and working with residents on what to look out for. >> bark falls off, obviously decayed wood. take a jackknife and stick it into the wood. >> he said this tree serves as a reminder that mother nature is in charge. nancy alvarez, channel 9, eyewitness news. service where residents can call if their want their tree inspected. call 407-426-2514. we were back out there today as crews cut up and removed the tree. you can see the pictures at wftv.com. >> our place went completely dark for a long time. one woman was supposed to be caring for an elderly woman is accused of opening a fake bank account to rip her off. at 5:00 what investigators say families can do to protect their loved ones. >> security lines at the airport. think they're long now? just wait why the tsa is warning it's going to get worse as you take your summer vacation. >> next. >> he's the most amazing dad ever. >> that's so sweet. this quick-thinking father caught a this picture caught a moment in time that a local family will never forget. a dad stops a bat that flew from a major league baseball players hands and headed straight for his son's head. to react so i just did what i could. >> if it wasn't for him i would have died or went to the hospital. >> incredible picture. the marion county family was at disney's wide world of sports for an early birthday celebration for that 8-year-old. >> their lives changed with one swing of the bat. jeanie reyes talked with the father today. they said they didn't realize how close the bat was. >> landon is baseball fiend. he was here in the crowd though on saturday when a bat went flying into the crowd. >> 8-year-old landon cunningham is a ball of energy who loves to play ball with his dad. >> perfect. >> they like play ing ing catch but it's always the ball they throw back and forth. saturday it was the bat his dad had to catch. >> realizing that it was coming

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