Florida revokes transgender actor’s driver’s license after changing gender label

The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) issued a correction to a transgender TikToker after he attempted to change the gender on his driver’s license.

Transgender actor James Ross (known as “Jamesissmiling” on TikTok) posted a video on December 20 (now inaccessible) claiming that a loophole in Florida law allows citizens to change their gender identity on their ID cards.

“I just changed the gender on my driver’s license in the free state of Florida,” Ross exclaimed. “Oh my God, Ron DeSantis would be screaming right now if he knew about this. This little license now says female.”

The actor continued: “It’s not easy. You’re not even supposed to do it in this state. This is the loophole, this is the loophole. Listen! If you’re replacing your driver’s license, instead of renewing it, it’s because You “lost” it and to replace it, they have to get all your information from what they consider the “primary document”. The passport is considered the primary document and you can self-identify in the passport, which means, there are loopholes, you can. Self-identify on your Florida driver’s license.

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On Tuesday, the TikTok

In a response letter obtained by Fox News Digital, Deputy Executive Director Robert Kynoch confirmed that Rose’s driver’s license was revoked for violating state DMV policy.

“Please be advised 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. Therefore, the driver’s license… is invalid and has been canceled,” the letter reads.

The letter also revealed that the department is investigating the situation and believes James may also have violated the law, which prohibits a person from “knowingly making a false statement, knowingly concealing a material fact, or otherwise making a false statement” after noticing James’ use of an on-air quote. Ways to Commit Fraud” revolves around the word “lost.”

Ron DeSantis Communications Director Brian Griffin stressed in an interview with Fox News Digital that there are no “loopholes” in the law.

Florida issued a policy change last year that no longer allows gender changes on driver’s licenses. (Monique O. Madan/Miami Herald/Tribune News Service, Getty Images/Reuters/Demetrius Freeman)

“There are two different issues,” Griffin said. “The first is renewing your driver’s license and having a gender reassignment. Florida has a rule against doing that. The DMV shouldn’t be dealing with that. The second is, did the person really lose their driver’s license? Because if they didn’t do that, and Then they claim they did it and it’s illegal.

He continued, “You’ll see in the video what this person posted, they made some air quotes, which is why we added that last paragraph that said, hey, we have reason to believe that, based on your video, you You know, it’s actually possible that you lied and said your driver’s license was actually suspended, so they’re investigating that.

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The letter added that the department will alert county tax collectors about Florida law 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 go out on Wednesday.

“We maintain quality assurance in our plans to ensure this does not happen again,” Kerner said.

Griffin also released a statement on his X account.

“As a result of this individual’s public statements, @FLHSMV is aware of an error that has been fixed. The state of Florida is based on the facts and Florida driver’s licenses will only reflect an individual’s true gender,” Griffin wrote.

DeSantis press secretary Jeremy Redfern made similar comments about messages on his X account.

“The FLHSMV canceled his driver’s license and sent him a corrected license that read ‘Male.’ That’s some dedicated service and he should be grateful,” Redfern wrote.

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Fox News Digital has reached out to Ross and Creative Artists Agency for comment.

The FLHSMV issued its new policy regarding the gender of driver’s licenses last year in a memo distributed to county tax collectors.

“Pursuant to FS Section 322.17, the department may issue a replacement license only if a permit or license is lost or stolen, or if the licensee’s name, address, or restrictions subsequently change,” Kynoch wrote at the time. “Furthermore, the word ‘sex’ in FS 322.08 does not refer to a person’s inner sense of their gender role or identity, but is historically and commonly understood to be a synonym for ‘sex’, which is determined by sex of.