The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) has invalidated a driver’s license issued to James Rose, a transgender TikToker, after an attempt to change the gender marker on the ID was flagged as improper. Rose, known as “Jamesissmiling” on TikTok, posted a now-deleted video on Dec. 20 claiming to have found a “loophole” in Florida law that allowed the change.
In the video, Rose explained that by requesting a replacement license rather than a renewal, the DMV relies on a “primary document,” such as a passport, for verification. Rose stated that since self-identification is allowed on U.S. passports, the same information could be transferred to a Florida driver’s license.
After the video gained attention, FLHSMV reviewed the case and issued a cancellation notice for the license. Deputy Executive Director Robert Kynoch confirmed in a letter that the gender change violated state DMV policy. The letter also noted the possibility of legal violations, citing Rose’s use of air quotes when describing their license as “lost.”
Ron DeSantis communications director Bryan Griffin addressed the issue, clarifying that Florida law prohibits sex marker changes during a license renewal or replacement. He emphasized that falsely claiming a lost license, as suggested in the TikTok video, could constitute fraud.
FLHSMV announced steps to prevent similar occurrences in the future. These include reminders to county tax collectors about state laws on gender designations and an audit to identify previous errors. Executive Director Dave Kerner assured that quality assurance measures would be strengthened to avoid further mistakes.
The controversy stems from Florida’s strict policies on driver’s license gender markers. A 2024 memo clarified that the term “gender” in state statutes is synonymous with “sex,” determined by biological and genetic traits.
The incident sparked responses from state officials. Griffin stated on X that Florida driver’s licenses reflect “truth” and biological sex. Press Secretary Jeremy Redfern echoed the sentiment, noting the DMV’s swift correction of the error.
FLHSMV’s actions underscore the state’s commitment to enforcing its policies while addressing attempts to bypass them. Officials confirmed that the reminder memo and audit findings would be disseminated promptly.
