The Senate voted 39-1 for a bill that makes it illegal to type texts or emails while driving, although it would be legal if the vehicle were stopped, such as at a red light. And in most cases, police and prosecutors won't be able to seek the driver's cell phone records to prove it.

Under an amendment added this week by the House, records could only be sought if there were an injury or death in a crash.That provision weakened the bill, but the Senate sponsor said the fight to get a texting ban had been so long it was better to accept the watered-down version than nothing at all. Senator Nancy Detert said parents can tell their kids it's against the law. 

Scott hasn't said whether he'll sign the bill. If he does, Florida would become one of the last states to have any kind of limit on texting while driving.