Published: Jan 07, 2013 4:02 PM EST
Updated: Jan 07, 2013 7:24 PM EST

NAPLES, FL - Joseph Riano is like many drivers: concerned about being on the road because of cell phones.

"We were going to the beach and a lady almost cut us off. When we got to the light, she apologized and waved and showed me her phone like, see, I'm texting like I'm supposed to, it's okay. And I realized okay this is a major problem," said Riano.

According to the National Institute of Highway Safety, this so-called problem is banned in 39 states, except Florida. But there are three text banning bills that have been introduced for legislation in 2013.

"Hopefully it'll pass, more important than legislation is enforcement, how do you enforce it."

Riano said until a law is passed, he hopes his cell phone application called "Free Safe Text" will help prevent people from texting and driving.

"When someone sends you a message and you're moving in your car, the app is sensing your GPS is in your phone, is going past 15-20 miles per hour and i'm going to turn myself on and what it does, it keeps you from responding and having the temptation to reach for your phone if somebody texts you. So we silence the phone and we automatically respond to the sender of the message saying, 'Hey I'm driving now, I got your message, I'm driving now, I'll get back to you as soon as possible.''

There's another incentice to keep your hands off the phone and on the wheel.

"We're giving away 25 dollars a week to the top users and it's just something that we do out of our pocket," said Riano.