I just wanted to be fancy.

I also got the button to display for guest. I only am showing TOS on the cart page so the issue was when a person selected guest there was no TOS checked as per
<?php if (((!empty($this->cart->BT))&& ($this->cart->cartData['paymentName'] != 'No payment selected') )&& ($this->cart->tosAccepted))
I just removed the check for TOS

that fixed the button not showing for guest to checkout. Now I need to figure out why the templates button for the cart (the one in template) requires to be clicked 2 times. you finish putting in information all fields filled in > click Place My Order > and it saves "Checkout done, please confirm the order". I think it should not care and just save and pass the information.