I keep pointing this out to you and you fail to grasp it. One District Court of Appeals in Florida has ruled that it is. Another ruled that it is not, thus we have a certified conflict. Until the Supreme Court of Florida decides, we take our chances. There are scores, perhaps hundreds, of other court cases regarding this topic, some of the stops have been ruled to be valid, many have not. Again, IT ALL DEPENDS ON THE SPECIFIC CIRCUMSTANCES AT THE TIME OF THE STOP!
The totality of the circumstance is what is going to matter in court.
Time and place of the contact. Late at night in a high crime area, middle of the day at the mall. Traffic stop - Driver? Passenger?, 911 complaint, etc.
Then you'll need to define 'see a gun'. A bulge, part of the grip, part of the muzzle, an outline, a magazine or speed loader, etc.
Then you have to take into consideration the LEO's training and experience, whether you like it or not this will be a significant factor in court.
And on and on....
It is no where as simple as you or I would like it to be.
i don't understand what "district court of appeals in florida" you are talking about... the FLORIDA v. J. L. is a supreme court case