Florida’s Department of Highway Safety and Motor Vehicles (FLHSMV) took swift action this week after a transgender TikToker, James Rose, attempted to exploit what he described as a loophole to change the gender marker on a driver’s license.
Known as “Jamesissmiling” on TikTok, Rose boasted about the maneuver in a now-deleted video, only to have their license revoked days later, as reported by Fox News.
In the video posted on December 20, Rose claimed to have successfully changed the gender on his Florida driver’s license to female. “I just got my gender changed on my driver’s license in the free f—ing state of Florida,” Rose said, adding, “My god, Ron DeSantis would be screaming right now if he knew about this.”
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Rose detailed the process, claiming that by requesting a replacement license rather than a renewal, he was able to rely on a passport listing their self-identified gender as a primary document.
“Here’s the loophole, here’s the loophole! If you’re replacing your driver’s license… 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,” Rose explained.
Rose’s video caught the attention of the Libs of TikTok X account, which flagged it to the FLHSMV. On Monday, the department invalidated the altered license and launched an investigation.
SCOOP: A trans activist boasted about a loophole which allowed him to change his gender marker on his Florida license.
The FLHSMV responded by sending him a letter thanking him for bringing attention to this error and promise action to address it.
Florida doesn’t allow an… pic.twitter.com/RHVdJ5p0N0
— Libs of TikTok (@libsoftiktok) January 7, 2025
A letter from FLHSMV Deputy Executive Director Robert Kynoch informed Rose of the cancellation, stating, “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 also hinted at potential legal violations, noting the department is investigating whether Rose knowingly made false statements or concealed material facts. Rose’s use of air quotes when describing the license as “lost” raised suspicions of fraud.
Governor Ron DeSantis’ communications director, Bryan Griffin, dismissed the notion of a loophole in state policy.
“There are two separate issues,” Griffin clarified. “Number one is renewing your license and getting the sex change. So there’s a rule against that in Florida. Number two is, did this person actually lose their license? Because if they didn’t… that is unlawful.”
Griffin emphasized that the DMV is conducting a thorough inquiry and said, “Florida operates on truth, and Florida driver’s licenses will only reflect an individual’s true sex.”
FLHSMV has pledged to review its procedures to prevent similar occurrences. Executive Director Dave Kerner confirmed plans to audit past cases and distribute reminders to county tax collectors regarding compliance with Florida law. “We maintain quality assurance in our program to ensure it won’t happen again,” Kerner said.
DeSantis press secretary Jeremy Redfern took a swipe at Rose on X, writing, “FLHSMV canceled his license and sent him a corrected one that says ‘male.’ That’s some dedicated service. He should thank them.”
FLHSMV cancelled his license and sent him a corrected one that says “male.”
That’s some dedicated service. He should thank them. https://t.co/UzW5Ultx28 pic.twitter.com/3IG9YICIb4
— Jeremy Redfern (@JeremyRedfernFL) January 7, 2025
Rose and their agency, Creative Artists Agency, have yet to comment on the situation.
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