Florida DMV cancels trans TikToker's driver's license after possibly violating law changing gender label
Florida Highway Safety and Motor Vehicles (FLHSMV) issued a correction to a transgender TikToker after the latter tried to change genders on a driver’s license.
Trans actor James Rose, known as "Jamesissmiling" on TikTok, posted a video on Dec. 20, which is now unavailable, claiming there’s a loophole in Florida’s law that can allow citizens to change their gender identity on IDs.
"I just got my gender changed on my driver’s license in the free f---ing state of Florida," Rose exclaimed. "My god, Ron DeSantis would be screaming right now if he knew about this. This little license now says female on it."
The actor continued, "This is not easy. You’re not even supposed to be able to do this in this state. Here’s the loophole, here’s the loophole. Listen up! If you’re replacing your driver’s license, not renewing it but replacing it because you ‘lost it,’ they have to take all of your information from what they consider a ‘primary document.’ A passport is considered a primary document, and you can self-identify on your passport which means, loophole, you can self-identify on your Florida f---ing driver’s license."
On Tuesday, the Libs of TikTok X account flagged the news that FLHSMV was made aware of the video and canceled Rose’s new license Monday.
In a response letter obtained by Fox News Digital, Deputy Executive Director Robert Kynoch confirmed that Rose’s license was canceled after it appeared to violate the state’s DMV policy.
"Please be advised that the sex identifier on the replacement Florida driver’s license issued to you on December 20, 2024, was improperly changed from male to female. Accordingly, that license…is invalid and has been canceled," the letter read.
The letter also revealed the department is now investigating the situation, believing James could have also violated laws that prohibit a person "knowingly to make a false statement, knowingly conceal a material fact, or otherwise commit a fraud" after noticing that James used air quotes around the word "lost."
In a comment to Fox News Digital, Ron DeSantis communications director Bryan Griffin emphasized there is no "loophole" in the law.
"There are two separate issues," Griffin said. "Number one is renewing your license and getting the sex change. So there's a rule against that in Florida. The DMV should not have processed this. Number two is, did this person actually lose their license? Because if they didn't, and then they claimed that they did, that is unlawful."
He continued, "And you'll see in the video that this individual posted that they did kind of air quotes, which is what led us to include that last paragraph saying, hey, we have reason to believe based on your video, that you might have actually, you know, lied about actually losing your license. So they are conducting an inquiry into that."
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The letter added that the Department will send out a reminder to County Tax Collectors about Florida’s laws on the matter and will conduct an audit "to determine whether similar errors have been made previously."
FLHSMV Executive Director Dave Kerner confirmed to Fox News Digital that the reminder will likely be sent out on Wednesday.
"We maintain quality assurance in our program to ensure it won't happen again," Kerner said.
Griffin also released a statement on his X account.
"Thanks to the public statements of this individual, an error has been brought to @FLHSMV 's attention that has been fixed. Florida operates on truth, and Florida driver's licenses will only reflect an individual's true sex," Griffin wrote.
DeSantis press secretary Jeremy Redfern similarly commented on the news from his X account.
"FLHSMV cancelled his license and sent him a corrected one that says ‘male.’ That’s some dedicated service. He should thank them," Redfern wrote.
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Fox News Digital reached out to Rose and Creative Artists Agency for a comment.
FLHSMV issued its new policy regarding gender on driver’s licenses last year in a memo distributed to county tax collectors.
"Under s. 322.17 F.S., the Department can issue a replacement license only when a license or permit is lost or stolen, or when there is a subsequent change in the licensee’s name, address, or restrictions," Kynoch wrote at the time. "Furthermore, the term 'gender' in s. 322.08, F.S., does not refer to a person’s internal sense of his or her gender role or identification, but has historically and commonly been understood as a synonym for 'sex,' which is determined by innate and immutable biological and genetic characteristics."