Following his graduation from high school, McBurney attended the University of Florida, where he received his bachelor's degree in 1979, and his Juris Doctor in 1982.

When incumbent State Representative James B. Fuller was unable to seek re-election in 2000 due to term limits, McBurney ran to succeed him in the 16th District.

In 2007, Mahon was appointed by then-Governor Charlie Crist to serve as a Judge on the 4th Judicial Circuit, thus vacating his seat and necessitating a special election to replace him.

[1] McBurney ended up winning the primary over Daniels by a wide margin, receiving 63% of the vote and advancing onto the general election, where he faced Debra-Jahns Nelsen, the Democratic nominee.

McBurney, in turn, claimed that his proof of insurance was not requested by Swindle nor was he traveling over the speed limit, and filed a complaint with David Brierton, the Director of the Florida Highway Patrol.

"[5] The First Court of Appeal upheld the Florida Public Employees Relations Commission ruling that Swindle should serve 120 hours (four weeks) suspension.

McBurney responded that the video was taken out of context, that all were treated equally and the young man's entire remarks were published in the committee's record.

[9] On March 3, 2016 USF Executive Director and NRA Past President Marion P. Hammer sent a "Florida Alert!"

to members of the Unified Sportsmen of Florida (USF) and of the NRA condemning McBurney for refusing to hear "Burden of Proof", SB 344 thus killing the bill which overwhelmingly passed the Senate and was ready to enter a largely Republican House.