Florida Highway Safety and Motor Vehicles (FLHSMV) issued a correction to a transgender TikToker after he tried change the gender on the driver’s license.
Trans actor James Rose, known as “Jamesissmiling” on TikTok, he posted the video on December 20which is now unavailable, claiming there is a loophole in Florida law that can allow citizens to change their gender identity on ID cards.
“I just changed the gender on my driver’s license in the free fucking 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.”
The actor continued: “This is not easy. You shouldn’t even be able to do it in this country. Here’s the loophole, here’s the loophole. Listen! If you’re changing your driver’s license, you’re not renewing it, but replacing it because you ‘lost it,’ they have to take all your information from what they consider a ‘primary document.’ The passport is considered the primary document and you can identify yourself on your passport which means, loophole, you can identify yourself on your freaking Florida driver’s license.”
TikToker James Rose claimed a loophole exists to help transgender people change their gender on Florida driver’s licenses despite the DMV’s policy. (iStock)
on Tuesday, Libs TikTok X account flagged the news that the FLHSMV was aware of the video and revoked Rose’s new license on Monday.
In a response letter obtained by Fox News Digital, Deputy Executive Director Robert Kynoch confirmed that Rose’s license was revoked after he appeared to be violating state DMV policy.
“Please note that the gender 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 revoked,” the letter said.
The letter also revealed that the department is now investigating the situation, believing that James may also have violated laws that prohibit a person from “knowingly making a false statement, knowingly concealing a material fact, or otherwise committing fraud” after noticing that James used air quotes around the words “lost”.
In the comment on Fox News DigitalCommunications Director Ron DeSantis Bryan Griffin emphasized that there is no “loophole” in the law.
Florida passed a rule change last year that no longer allows gender changes on driver’s licenses. (Monique O. Madan/Miami Herald/Tribune News Service via Getty Images/Reuters/Demetrius Freeman)
“There are two separate issues,” Griffin said. “The first is renewing your license and getting a gender reassignment. So there’s a rule against that in Florida. The DMV shouldn’t have processed this. Number two is, did the person really lose their license? Because if they didn’t, and then they claimed they did, it’s illegal.”
He continued, “And you’ll see in the video that this person posted that they were doing some sort of air quotes, which led us to include that last paragraph that says, hey, we have reason to believe based on your video, that maybe you actually, you know , lied about the fact that you really lost your license, so they’re investigating.”
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The letter added that the Department would send a reminder to county tax collectors about Florida law on the matter and would conduct an audit “to determine if similar errors have been made in the past.”
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 make sure this doesn’t happen again,” Kerner said.
Griffin also released a statement about his X account.
“Thanks to this person’s public statements, the error was brought to the attention of @FLHSMV which has been corrected. Florida works for the truth and Florida driver’s licenses will only reflect a person’s true gender,” Griffin wrote.
DeSantis’ press secretary Jeremy Redfern similarly commented on the news from his X account.
“FLHSMV revoked his license and sent a corrected one that says ‘male’. It’s a dedicated service, you should thank them,” Redfern wrote.
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Fox News Digital has reached out to Rose and Creative Artists Agency for comment.
FLHSMV issued its new policy regarding gender on driver’s licenses last year in a memorandum distributed to county tax collectors.
“Pursuant to FS Section 322.17, the Department may issue a replacement license only if the 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 section 322.08, FS, 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 synonymous with ‘sex’ which is determined by innate and immutable biological and genetic characteristics.”
