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Man at center of landmark Florida open-carry gun ruling calls himself ‘patriot’

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The man at the center of a landmark court decision allowing people in Florida to openly carry guns is watching the consequences of his legal fight from inside a jail cell in Florida’s Panhandle.

Despite the appeals court’s dramatic expansion of gun rights in the Sunshine State, the defendant in the case won’t be allowed to possess a gun even once he’s released. In an exclusive interview from the Escambia County Jail — convicted months ago in an unrelated, misdemeanor domestic violence case — Stanley Victor McDaniels, 42, called himself a patriot and indicated he has no regrets.

“I am thankful that through my current persecution, I have been given another opportunity to change Florida law for the better,” McDaniels said in a video interview from the jail. He spoke with a reporter from Fresh Take Florida, a news service operated by the University of Florida College of Journalism and Communications. McDaniels is expected to be released in January.

In the interview, McDaniels described a secret war fought in the courts to limit gun rights. He acknowledged that, because of his recent domestic violence conviction, he is barred under federal law from possessing or buying a gun even after he serves his jail term. The irony isn’t lost on him.

“Even if I was free, I wouldn’t be able to participate in the now legal open carry of a firearm, even though my case set the new precedent,” he said. “One may think I have sacrificed too much to further the American dream of liberty and justice. But as a patriot, I would do it all again, as all true patriots would.”

A three-Judge panel for the 1st District Court of Appeals unanimously struck down Florida’s decades-old ban on openly carrying firearms, declaring the law unconstitutional Sept. 10 and calling open carry the “default mode of bearing arms.” It wasn’t immediately clear how many visibly armed citizens will be walking the streets of Miami, Tampa, Orlando, Jacksonville or elsewhere starting this week.

Some Sheriffs discouraged it.

“You don’t scare away real bad guys by carrying a firearm in a holster. You don’t scare real bad guys by slinging an (assault rifle) over your shoulder,” Polk County Sheriff Grady Judd said in a viral social media post. “A real bad guy will take it from you.”

The 1st District Court of Appeal’s jurisdiction runs from Gainesville through the Panhandle, but Attorney General James Uthmeier said last week he would not appeal and instructed law enforcement statewide to cease prosecuting open carry cases. The deadline for filing any appeal elapsed Thursday, making the ruling official statewide.

It’s still illegal in Florida to display guns in a rude, careless, angry or threatening manner, the Attorney General said.

Florida was one of only a handful of states that had outlawed a gun owner wearing a pistol on their hip or strapping a rifle over his shoulder and walking on city streets and inside businesses or restaurants where owners don’t object. California, Illinois and New York generally prohibit it; about 10 other states require a permit.

McDaniels deliberately flouted Florida’s open carry ban by standing at a busy Pensacola intersection on the Fourth of July in 2022, waving at cars with a loaded Beretta pistol visibly tucked in his waistband. Holding a copy of the U.S. Constitution in one hand, he said he aimed to challenge the law all the way to the Supreme Court, according to court records. The appeals ruling vacated McDaniels’ conviction and reversed his sentence.

Video from his arrest that day showed McDaniels surrounded by four uniformed police officers, his hands holding the Constitution near his chest, as one of them moved quickly to remove the pistol.

“The secret war being fought with pen and paper in local, state and federal courtrooms has taken a major turn to restore our God-given constitutional rights with recent Supreme Court decisions,” McDaniels said in his jailhouse interview.

Courts have long handed down rulings at the center of consequential civil or constitutional rights cases involving defendants with complicated histories. Larry Flynt, whose legal fight expanded the scope of First Amendment protections, was a controversial pornography publisher. Ernesto Miranda, whose Supreme Court case resulted in new rules that criminal suspects must be informed of their rights before being questioned, had confessed to kidnapping and rape until the court overturned his conviction. Miranda was later stabbed to death in a bar fight.

McDaniels was an avid gun enthusiast. In addition to his Beretta pistol seized after his arrest that day, his collection included at least seven other pistols and at least 13 shotguns and bolt-action and assault-style rifles — all seized by the sheriff during domestic violence investigations in 2023 and 2024.

McDaniels is serving a jail sentence facing misdemeanor charges of domestic violence and violating an injunction involving his ex-wife. She told Sheriff’s deputies he parked his motorcycle last year outside the preschool where she worked and later followed her driving on his motorcycle, despite a court order to stay away. A Judge sentenced him in early September to roughly three months in jail after he wrote her an email discussing their relationship.

McDaniels argued that he emailed his ex-wife’s lawyer to discuss custody issues, but a Judge noted that he addressed the correspondence to his ex-wife directly.

“This is malicious prosecution by the state,” McDaniels told the Judge. “This is malicious prosecution by my ex-wife. How can this really be justice? This is not justice.”

His ex-wife did not return voice messages left with her divorce lawyer or her parents over several days. The phone number listed for her in court and voter registration records was not up to date.

McDaniels had been convicted in 2000 on a felony drug charge of possessing LSD that he intended to sell, according to court records. A felony conviction typically would preclude someone in Florida from owning or buying a gun, but the circuit Judge in that case agreed to withhold adjudication — effectively throwing out the case — if McDaniels complied with terms of his 12 months of probation, including substance abuse therapy and submitting to random drug testing.

Florida law still allows businesses — including Disney World, supermarkets, restaurants and movie theaters — to set their own rules about whether to allow guns to be carried openly on their property. People with guns displayed openly who won’t leave such businesses can be charged with armed trespass.

The ruling doesn’t affect other state and federal limits on carrying guns, such as on school or college campuses, courthouses or federal buildings.

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This story was produced by Fresh Take Florida, a news service of the University of Florida College of Journalism and Communications. The reporter can be reached at [email protected]. You can donate to support our students here.


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Senate committee willing to test the waters on expanding swim lesson vouchers

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The Senate Health Policy Committee plunged into a proposal to expand the Florida swim lesson voucher program that provides financial help for teaching kids how to handle water.

The panel approved a measure (SB 428) by Sen. Clay Yarborough, a Jacksonville Republican, to allow older kids to qualify for the voucher program. The current program, originally enacted in 2024, provides vouchers for families of children aged 0 to 4 years old. Yarborough’s bill would allow kids 1 to 7 to qualify for vouchers.

Yarborough told the committee that in the first year of life for infants, they don’t really “learn” how to swim as much as they act instinctively in the water. Furthermore, he said, adding additional years will help ensure lessons for children who didn’t get around to learning how to swim earlier.

Corrine Bria, a pediatric emergency medical physician at Nemours Children’s Health facility in Orlando, spoke at the hearing and said the rise in young drownings is heartbreaking. Nemours has handled 35 drownings of children in the past three years, and 90% of those are under the age of 7, Bria said.

“As a physician in a pediatric emergency department I see firsthand what it looks like when a child gets carried into the ED (emergency department) by a parent or brought in on a stretcher after drowning,” Bria said. “We know that a child can drown in a matter of seconds and this happens too frequently in Florida.”

Jason Hagensick, President and CEO of the YMCA of South Palm Beach County, also addressed the committee on behalf of the Florida State Alliance of YMCAs and said the revision to the swimming lesson voucher program would be a big improvement.

“Drowning remains a leading cause of unintentional injury (and) death in the United States,” Hagensick said, adding that early swim lessons reduce the risk of drowning by 88%.

“Expanding the swim voucher program to include children up to the age of 7 will dramatically increase access to essential swim instruction at a time when those skills are most impactful,” Hagensick continued. “It will deepen water competency and strengthen confidence for kids and parents alike and help prevent needless tragedies that devastate families and communities.”

A similar bill (HB 85) is working its way through the House. The House Health Care Budget Subcommittee approved that measure last week. Rep. Kim Kendall, a St. Augustine Republican, is sponsoring the House version.



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Senate advances Jason Pizzo bill extending PTSD workers’ comp coverage to 911 dispatchers

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Legislation that would narrowly recategorize 911 dispatchers as first responders so they can receive workers’ compensation for work-related psychological injuries is one step closer to passing in the Legislature’s upper chamber.

Members of the Government Oversight and Accountability Committee voted unanimously to advance the bill (SB 774), which would eliminate a barrier that today denies aid to people who are often the first to respond to a crime.

The measure’s sponsor, Hollywood Sen. Jason Pizzo, noted that during his time as a prosecutor, playing a 911 call would often be the most effective thing to do to sway a jury.

“911, what’s your emergency? He’s going to kill me! He’s going to kill me! Now, imagine hearing that 12 times a day, 15 times a day,” he said.

“Two years ago, you all voted to require these 911 operators to be proficient in CPR so they could administer (it) over the phone. And they’re not considered first responders? They are first responders, and they’ve been grossly overlooked and screwed, and this brings some remedy.”

SB 774 would add 911 dispatchers to the group of “first responders” covered by Florida’s special workers’-compensation rules for employment-related mental or nervous injuries. It would apply the same framework to them as other first responders for mental health claims.

Essentially, if you’re a 911 dispatcher and develop post-traumatic stress disorder, anxiety or similar mental health injuries from traumatic calls, SB 774 would make it so you can get workers’ comp-covered treatment and that your claim is handled under the same special rules lawmakers already set for other first responders — without certain time-limit restrictions that typically apply to mental injury benefits.

Several dispatchers signaled or spoke in favor of the bill, as did representatives from the Florida Police Chiefs Association, Florida Sheriffs Association and Consolidated Dispatch Agency.

Jennifer Dana, a dispatcher with the Palm Beach Sheriff’s Office, noted that in a Senate analysis of SB 774, there’s a list of disturbing things first responders see and do on the job, from seeing dead children and witnessing murders to helping severely injured people, including those who commit suicide.

What it doesn’t include, she said, is that 911 dispatchers also witness those things.

“We’re seeing and hearing it,” she said. “We have the technology for people to livestream it now, so it’s a double-whammy for us, and we want to make sure we have the protections.”

Kim Powell, a licensed and clinical mental health counselor who oversees an employee behavioral health program at a 911 communications center in Leon County, detailed several examples of what dispatchers experience: a woman struggling to breathe while dying from a gunshot wound inflicted by her child’s father; an officer’s final words moments before his murder; the sound of a mother discovering her deceased infant; the 800 or so calls received in the wake of the Florida State University shooting last April.

“These are not isolated events; they are part of the job,” she said. “The trauma compounds over time with repeat exposure.”

St. Petersburg Republican Sen. Nick DiCeglie thanked Pizzo for carrying the bill and expressed gratitude to the “3,500 dispatchers” across Florida for their work.

“For me personally, (this) could be one of the most important bills that we have this Session because of the importance there is for your well-being and your quality of life,” he said.

Melbourne Republican Sen. Debbie Mayfield, who chairs the committee, echoed DiCeglie’s remarks.

Pizzo reminded the panel that four years ago, during COVID, a $280 million set-aside for payments to first responders and front-line workers did not extend to 911 dispatchers.

“They never stopped working,” he said, adding that Mayfield at the time acknowledged the oversight and pledged that the Legislature would get it right in the future. “So, it’s serendipitous that you were kind and gracious enough to put us on the agenda.”

SB 774 will next go to the Senate Appropriations Committee on Agriculture, Environment and General Government, after which it has one more stop before reaching a floor vote.

An identical bill (HB 451) by Republican Rep. Jeff Holcomb of Spring Hill awaits its first hearing in the House.



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Hillsborough College Trustees OK first step in Tampa Bay Rays stadium talks

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The Tampa Bay Rays’ search for a new home took a tangible step forward as the Hillsborough College Board of Trustees approved a nonbinding agreement that could ultimately shift the franchise away from St. Petersburg under its new ownership.

The Board voted to approve a memorandum of understanding (MOU) authorizing staff to negotiate with the Tampa Bay Rays over a potential stadium and mixed-use redevelopment at the college’s Dale Mabry Campus.

The agreement does not commit the college to the project and can be terminated by the Board at any time. Instead, it outlines key terms the parties would like to see in any future binding agreements, which would require separate Board approval at a later public meeting.

College officials characterized the MOU as the beginning of negotiations. Under the document, staff would begin drafting potential project agreements for Trustees to consider in the future, with an anticipated negotiation timeline of up to 180 days.

Rays CEO Ken Babby addressed Trustees during the meeting, calling the proposal an early milestone. He emphasized that the effort involves the college, the team, the state and local governments. Babby said the Rays are exploring a roughly 130-acre redevelopment anchored by a new stadium and an integrated college campus, alongside residential, commercial and entertainment uses. 

“As we envision this development, together in cooperation and partnership with the community and the college, we’ve been calling the campus portion of this work ‘Innovation Edge’ featuring Hillsborough College,” Babby said.

“It’ll be neighbored by, of course, what we envision to be ‘Champions Corridor,’ which we hope will be the mentioned home of the Tampa Bay Rays. Of course, this will be a mixed-use with residential, with commercial, and, as we’ve said, billions of dollars of economic impact to the region. … This is an incredible moment for our community.”

Public input was split. Supporters recognized the economic impact the project could have, while critics worried about the effect on housing affordability, in particular for college students.

Following the vote, Trustees acknowledged uncertainty among students, faculty and staff, particularly those based at the Dale Mabry campus, but stressed that the approval did not determine final outcomes.

“This is a major decision, and I truly hope that it leads Hillsborough College towards growth and advancement,” Student Trustee Nicolas Castellanos said. 

Trustee Michael Garcia echoed the sentiment.

“It’s a tremendous day for the future of Hillsborough College and for the future of Major League Baseball in the area and also for the future of the city of Tampa,” Garcia said.

Gov. Ron DeSantis publicly expressed support for the concept ahead of Tuesday’s meeting, saying it could benefit both the college and the region, while cautioning that details still need to be resolved.

“It could be very good for HCC, and I’ve met with the President about it. I think he’s excited about the possibility,” DeSantis said in Pinellas Park.

“Obviously, they’ve got to iron out details. But basically, we’re supportive of them pursuing that partnership because I think it could be good for them. I think it could be good for the state. But I definitely think it could be really good for this region.”

Also ahead of Tuesday’s meeting, Tampa Mayor Jane Castor told Florida Politics the city and Hillsborough County have been in ongoing discussions with the Tampa Bay Rays as the team explores long-term stadium options — including the potential Hillsborough College site. She emphasized that any future stadium proposal would require coordination among multiple governments and would be evaluated alongside existing contractual obligations related to other major sports facilities.

No timeline for construction, campus relocation or final land disposition was discussed Tuesday. College officials emphasized that any binding agreements would return to the Board of Trustees for approval at a future public meeting.

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A.G. Gancarski and Janelle Irwin Taylor of Florida Politics contributed to this report.



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