This Law Firm Publication by Jackson Lewis LLP discusses Florida's adoption of the "Florida Ban on Texting While Driving Law" (Section 316.305), effective October 1, 2013, which prohibits drivers from texting, e-mailing and instant messaging on a wireless device while driving, with certain exceptions. The law also makes a driver's wireless device billing record discoverable in the event a crash results in death or personal injury. Drivers cannot be pulled over for texting, rather they must engage in a separate traffic offense. Employers should establish written policies prohibiting such activity to reduce the risk of liability and to promote a safe work environment for employees who operate motor vehicles as part of their employment. With this law, Florida becomes the 42nd state to ban texting while driving.