Florida DMV revokes trans TikToker's driver's license due to suspected violation of gender label law change.

The FLHSMV corrected a transgender TikToker who attempted to alter their gender on a driver's license.

On TikTok, trans actor James Rose, also known as "Jamesissmiling," posted a video on December 20th, which has since been removed, stating that there is a loophole in Florida's law that allows citizens to alter their gender identity on their IDs.

"Rose excitedly declared, 'I just got my gender changed on my driver's license in the free state of Florida. If Ron DeSantis knew, he'd be furious. This license now identifies me as female.'"

The actor stated, "Replacing your driver's license due to loss requires the taking of all information from a primary document, such as a passport. Self-identification is allowed on a Florida driver's license, creating a loophole."

On Monday, FLHSMV canceled Rose's new license after being made aware of the video on the Libs of TikTok X account.

According to a response letter obtained by Planet Chronicle Digital, Deputy Executive Director Robert Kynoch confirmed that Rose's license was canceled due to a violation of the state's DMV policy.

The letter stated that the sex identifier on the replacement Florida driver's license issued to you on December 20, 2024, was incorrectly changed from male to female. As a result, that license is invalid and has been canceled.

The department is now investigating the situation, suspecting that James may have violated laws prohibiting false statements, concealing material facts, or committing fraud after he used air quotes around the word "lost."

Ron DeSantis' communications director Bryan Griffin stated that there is no "loophole" in the law in a comment to Planet Chronicle Digital.

"Griffin stated that there are two separate issues: firstly, renewing your license and getting a sex change, which is against the law in Florida, and secondly, whether the person actually lost their license or not, as claiming to have lost it when they didn't is unlawful."

He added, "The individual in the video used air quotes, which led us to include a paragraph stating that we have reason to believe they may have lied about losing their license. As a result, an inquiry is being conducted."

The Department will conduct an audit to determine if similar errors have been made previously and will send out a reminder to County Tax Collectors about Florida's laws on the matter.

On Wednesday, it is likely that FLHSMV Executive Director Dave Kerner will send out a reminder.

Kerner stated that we ensure quality assurance in our program to prevent it from happening again.

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.

Redfern, the press secretary for DeSantis, made a similar comment on the news from his Twitter account.

Redfern wrote: "FLHSMV cancelled his license and sent him a corrected one that says ‘male.’ That’s some dedicated service. He should thank them."

Rose and Creative Artists Agency were contacted by Planet Chronicle Digital for a comment.

Last year, the FLHSMV issued a new policy on gender identification for driver's licenses, which was communicated through a memo to county tax collectors.

"According to Kynoch, under section 322.17 of Florida Statutes, the Department can only issue a replacement license in certain circumstances, such as when a license or permit is lost or stolen, or when there is a change in the licensee's name, address, or restrictions. Additionally, Kynoch clarified that the term "gender" in section 322.08 of Florida Statutes does not refer to a person's internal sense of their 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."