Florida invalidated the drivers license of a nonbinary transgender TikTok user who claimed that they changed the gender marker on the document even though the state has laws forbidding it.James Rose, who goes by@jamesissmiling on TikTok and uses she/they pronouns, posted a now-deleted video on the platform in which she claimed that she obtained a driving license that listed her gender as female even though shes assigned male at birth. Related Trans advocates stage die-ins at Florida DMVs to protest rule erasing their identities A DeSantis rule change now criminalizes accurate drivers licenses. My God, [Florida Gov.] Ron DeSantis would be screaming right now if he knew this, Rose said in the video, according to Newsweek. Youre not even supposed to be able to do this in this state. Heres the loophole: listen up if youre replacing your drivers license, not renewing it because you [sarcastic finger quotes] lost it, 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. Insights for the LGBTQ+ community Subscribe to our briefing for insights into how politics impacts the LGBTQ+ community and more. Subscribe to our Newsletter today Rose also advised viewers to change the gender on her drivers licenses before President-elect Donald Trump becomes president. Trump has promised to roll back trans civil rights nationwide.The anti-LGBTQ+ social media accountLibs of TikTok X account, which is run by ChayaRaichik, reposted Roses video alongside a January 6 letter addressed to Rose from the Florida Highway Safety and Motor Vehicles (FHSMV). 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 doesnt allow an pic.twitter.com/RHVdJ5p0N0 Libs of TikTok (@libsoftiktok) January 7, 2025The FHSMV said the gender on the license had been improperly changed from male to female and, citing state law, wrote, The term sex in section 322.17, Florida Statutes, does not refer to a persons internal sense of his or her gender role or identity but is determined by innate and immutable biological and genetic characteristics.The FLHSMV said it included a valid replacement license with the proper sex identifier of male with the letter and added that it was investigating whether Rose knowingly made a false statement about whether you truly lost your original license which could result in the cancellation, suspension or revocation of their license.The letter also thanked Rose for bringing the issue to their attention and noted that they could face legal charges for allegedly making false statements regarding their gender. However, its unclear how courts might rule on the issue, especially if it rose to the federal or appellate level. DeSantis press secretary Jeremy Redfern shared the Libs of TikToks post on X and repeatedly misgendered Rose, writing, FLHSMV cancelled his license and sent him a corrected one that says male. Thats some dedicated service. He should thank them.Florida has threatened to jail any transgender person who tries to change the gender listed on their state-issued drivers licenses. Such individuals would be charged with trying to make a false ID and face up to five years in prison and a $5,000 fine.In a January 26, 2024 letter, FHSMV deputy executive director Robert Kynoch told state county tax collectors offices that the FHSMV would rescind its previous policy that allowed individuals to correct their licenses gender markers after transitioning. The previous policy didnt require individuals to show any proof of having undergone gender-affirming surgeries. Nadine Smith, executive director of the statewide LGBTQ+ advocacy organization Equality Florida, said the law threatens the estimated 94,900 trans-identifying adults currently living in Florida.This cruel policy threatens transgender Floridians with civil and criminal penalties and blocks them from obtaining the critical government-issued identification necessary to continue their daily lives, shewrote in a statement. [Trans Floridians] carefully followed the rules to ensure their identification accurately reflects who they are, and they trusted this process. Now, an abrupt policy reversal has thrown their lives into chaos. The cruelty of this kind of government overreach and intrusion should alarm every Floridian.Incorrect drivers licenses also leave trans people subject to misunderstandings, harassment, denied social services, discrimination and violence by effectively outing them as trans.In July 2024, Florida began denying trans people updated birth certificates in defiance of its own laws. Democrats have urged the Biden administration to block the hateful ID policy, saying it will sow tension and confusion in the state.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.