Florida Poll Workers: Rules and Constraints

Written and published in partnership with All Voting is Local

Florida poll workers play a vital role in administering elections. Their duties range from opening and closing the polls to assisting voters and maintaining order at polling locations. In recent years, Florida — like other states across the country — has faced poll worker shortages, particularly among bilingual poll workers. For elections to function well, it is critical that government officials recruit and train enough poll workers. footnote1_GxfQP1UQrUqO1F-qpsGue8EwgnodBhKHVxOYP-Eps_g5sPqwnoggbp1 See, e.g., Fla. Stat. § 102.014(6) (explaining that in Florida, county election officials “work with the business and local community to develop public-private programs to ensure the recruitment of skilled” poll workers).  It is equally critical, however, that these poll workers comply with the law and perform their duties fairly and impartially.

In the last election cycle, press reports have identified efforts in Florida and around the country to recruit individuals who subscribe to falsehoods about elections and the integrity of the democratic process as poll workers. To be sure, government officials cannot prevent poll workers from participating in the electoral process based solely on their viewpoints or beliefs. But they can take reasonable steps to ensure that poll workers are willing to and do, in fact, set aside any personal or partisan beliefs, follow the law, and faithfully carry out the duties of their position. 

Florida, like other states, already has many guardrails in place to prevent those who seek to undermine elections from qualifying as poll workers and disrupting election processes. In advance of the 2024 election cycle, this guide details those guardrails along with further actions that election officials can take to prevent disruptions.

Legal Constraints on Poll Workers

Eligibility

Poll workers must meet certain eligibility requirements under Florida law. State law provides that at least 20 days before an election, the supervisor of elections for each county (“supervisors”) must appoint at least two types of poll workers, detailed below, for each precinct: clerks (polling place managers) and inspectors (their assistants). footnote2_4thNkH46wwAdhr-UlxuH63I195gzn0JRr6vONXaz1Vg_rLMQG4uPpU252 Fla. Stat. § 102.012(1)(a). If multiple precincts share the same building and voting place, a supervisor of elections may choose to appoint one set of clerks and inspectors for the collocated precincts provided that they can adequately handle vote processing. Fla. Stat. § 102.012(1)(b).  Together, the clerks and inspectors comprise a polling location’s “election board.”footnote3_eENdEjhnpqwiTrec1WfyYEwCnVoZvvj979HrrHh78I8_xeu2WOyCy7am3 Fla. Stat. § 102.012(1)(a). Election boards are distinct from county canvassing boards, which are comprised of the supervisor of elections, a county court judge, and the chair of the county board of commissioners. See FLORIDA DEPARTMENT OF STATE DIVISION OF ELECTIONS, CANVASSING BOARD MEMBERSHIP AND ACTIVITIES (Mar. 2022), https://soe.dos.state.fl.us/pdf/DE%20Guide%200020-%20Canvassing%20Board%20Membership%20and%20Activities%20FINAL%2020220322.pdf.  While counties may develop their own poll worker application process, footnote4_KXiGXH9owkgBC-9LieMkyrWWvYYQVNAewPvG5KjUg_e6nSBgZz1nTv4 See, e.g., PALM BEACH COUNTY SUPERVISOR OF ELECTIONS, POLL WORKER APPLICATION FORM, https://www.pbcelections.org/Poll-Workers/Poll-Worker-Application-Form (last visited Mar. 15, 2024).  Florida law requires that all poll workers: (1) be registered qualified voters of the county in which they are appointed to serve; (2) be able to read and write English; and (3) have had their right to vote restored pursuant to Florida law if they previously were convicted of a felony. footnote5_CzhQmal11uvZT2GZiFj9jpUcSC68zKN3GCZ7Idoo_phiqZIMLm19P5 Fla. Stat. § 97.041(1)(a), (2)(b); id. at § 102.012(2).   Sixteen and seventeen-year-olds who preregister to vote also may serve as poll workers provided they would otherwise qualify for the role aside from their age. footnote6_wOqKoy7Br9FCLqNHXmbZRZgXboi1dMfYH4kD7s4Chew_rWuDvwDS13iM6 Fla. Stat. § 97.041(1)(b).  Candidates for office in contested elections may not serve on an election board. footnote7_sRIGLlqFr5XufCJEYtRNh9XdP4A2dC9QKVaxJwJU_xjZILHVSvF5J7 Fla. Stat. § 102.012(2).

Applicants must be willing to follow applicable laws and procedures. State law requires clerks and inspectors to take and sign a written or printed oath to “perform the duties of inspector or clerk of election . . . according to law” and “endeavor to prevent all fraud, deceit, or abuse in conducting the election.”footnote8_JWj6Tzk1rX1yp3PCmB0soSKaUqop3Wxll-zjnNKracw_pqL9MbVL7OQF8 Fla. Stat. § 102.012(1)(a).  Supervisors must collect these signed oaths along with the poll list and election returns. footnote9_62cH2WWlJYezt9874zJmHYaLFnXCtkq4ELfxvyKKQ_sdaHFinksKTm9 Id.  Pursuant to the oath, supervisors may refuse to appoint applicants who demonstrate an unwillingness to follow applicable laws and instructions. They cannot, however, turn away applicants solely on the basis of their viewpoints or beliefs so long as they are consistent with laws governing elections. footnote10_7Tul67frHJjZC6CObzw9PEA1xHLdBrtxrZxPcP6fHQ_xzUnAghgGR7l10 See generally, U.S. Const. amend. I.

Poll workers must attend a training. Florida law requires that supervisors provide training for inspectors and clerks prior to each primary, general, and special election. footnote11_dTYEBEyHJsqGv4XbJF0-M9qlcdwRCD3YhqYsGxP5Y_o91ESDG2N75L11 Fla. Stat. § 102.014(1)–(4).  The department of state’s division of elections provides a statewide training curriculum — including specific etiquette and sensitivity training with respect to voters with disabilities — as well as a uniform polling place procedures manual for poll workers. footnote12_x749Y2-Z1ssUCjdppIy7N9jIpUTDJvT2zpNjrt6tfg_zRuTye6Uo0SA12 Fla. Stat. § 102.014(1), (7).  Inspectors and clerks must complete this training before serving in an election; clerks must complete a minimum of three hours of training prior to each election, and inspectors must complete a minimum of two hours of training prior to each election. footnote13_Hn4AAEYRlzThzRqKgx38HrRyaUA1DhSrWzlRH9p3vs_qe8DAzedM6K313 Fla. Stat. § 102.014(4).  Further, state law makes clear that clerks cannot work at the polls unless they demonstrate “a working knowledge of the laws and procedures relating to voter registration, voting system operation, balloting and polling place procedures, and problem-solving and conflict-resolution skills.”footnote14_6I5jFnVWskQ0vkAx9Q1nz1vz7hV0kdmCXnyKNxxjqo_cul3IzwlLFsL14 Fla. Stat. § 102.014(1).  Counties may choose to create additional training materials and provide certificates to each poll worker upon completing their training. footnote15_b7cyaeiFZFZ-3aDqZTPhI0mPEZdkpXxSVeCj-Tg7pgI_nixXguVMxbiQ15 Id. See also, e.g., MIAMI-DADE COUNTY ELECTIONS DEPARTMENT, POLL WORKERS’ COMBINATION TRAINING MANUAL, https://www.miamidade.gov/elections/library/guidelines/poll-worker-combination-training-manual.pdf (last visited Mar. 15, 2024).

Chain of Command

Poll workers must answer only to their county supervisor. Under Florida law, poll workers are appointed and compensated by their supervisor, who remains responsible for “the attendance and diligent performance” of each clerk and inspector. footnote16_F0kRNDxaAHzQzFMuz7MQYuN4ZUV3dR4K5DP2ajXdI_fLPBldiwrAKJ16 Fla. Stat. §§ 102.012(1)(a), 102.021(1).  Accordingly, poll workers must answer only to their supervisor (or, in practice, delegees in the supervisor’s office) rather than to their political party or any party official, and those who refuse to comply may be removed and replaced by the supervisor. footnote17_s2Jk7KV4OubfVIETnHVF8VNZX8ghddVBSgvLSXa1rYw_gVlD96R7Voo917 Fla Stat. §§ 102.014(3), 104.051(1).  To ensure fairness and the nonpartisan execution of election duties, election boards must consist of poll workers from both political parties. footnote18_IIVWUnXcwNEL1Ll9BQ3eTbqhdLg3XbnRz4IBhd4skVE_lpNn8Cu6LdGW18 Fla. Stat. § 102.012(2). Note that an exception exists for primaries in which only one party has candidates appearing on the ballot.

Florida law creates a clear chain of command structure among poll workers. Under Florida law, the clerk (one per polling location) manages and oversees all aspects of the polling place on Election Day, including the inspectors (one or more per polling location). footnote19_e2Crw3A5E-4ccq6qerSlrUuKrhg8tkrglC5bFqdmRg8_jG6Ds5ri8gVs19 Fla. Stat. § 102.012(1)(a). See also MIAMI-DADE COUNTY ELECTIONS DEPARTMENT, POLL WORKERS’ COMBINATION TRAINING MANUAL, supra note 15, at 13.  Inspectors support the clerk and may perform a range of duties depending on how the clerk chooses to allocate responsibilities, including, but not limited to, assisting in opening and closing the polls, setting up voting equipment, and processing voters to verify eligibility. footnote20_XEZSl81FuUTtMBuQ4ySpAfOtxl02TbnD30WRN1eagBw_pV2OpHOlGkOv20 Fla. Stat. §§ 102.012(4), 101.043, 101.23, 102.031(1)–(2), 102.071.  Counties may provide additional guidance as to how clerks and inspectors should divide up tasks as well as create additional roles — such as assistant clerks, precinct techs, and equipment managers — within the chain of command structure as needed. footnote21_-L-LTT8qza07tvj-vwJIXGu0S5pP5bv5ixdbGadTSXw_yPQYPr3ie8kc21 Florida Department of State Division of Elections, Polling Place Procedures Manual 5, https://files.floridados.gov/media/703005/adopted-clean-de11_pollplaceprocmanual.pdf (last visited Sept. 22, 2022) (hereinafter “Poll Manual”); see also, e.g., Miami-Dade County Elections Poll Worker Frequently Asked Questions (FAQs), https://www.miamidade.gov/elections/library/instructions/poll-worker-recruitment-faq.pdf (last visited Sept. 22, 2022); Pinellas County Supervisor of Elections Poll Worker Information, https://www.votepinellas.gov/Become-an-Election-Worker/Poll-Worker-Information (last visited Sept. 22, 2022).  Like clerks and inspectors, individuals in these additional roles must answer to their supervisor. footnote22_266T8VdQ6P1OGjOC1NvKWrF0n4xKGpOZz2ZdFwhoikk_cmqF6Go5MAZG22 Poll Manual, supra note 21, at 5.

Deputy sheriffs must answer to their county supervisor and election board. In addition to poll workers, Florida law requires that each polling location have an assigned deputy sheriff. footnote23_sSuCQXQGBtfdedFgo20O9fj89wXIeP7CyKDjjjqKbxo_uqsiUBTXYbAc23 Fla. Stat. § 102.031(2).  Deputized by the county sheriff, deputy sheriffs remain at the polling location throughout Election Day and are charged with maintaining good order outside the polling location by, for example, organizing the line of voters. footnote24_iJziKCs7FyNRkX4rPOaiGBWxvacvl7APGrFKneCNG6o_pKi8OyO5c4qd24 Id.; Poll Manual, supra note 21, at 6 (“The deputy organizes the process outside the polling room during the early voting period and on Election Day.”).  They are not in uniform nor armed and, in practice, are often former poll workers. Although they are not part of the election board as clerks and inspectors are, deputy sheriffs are compensated by their county supervisor and must complete a training course conducted by the supervisor prior to serving at the polls on Election Day. footnote25_BMnCjlDFJQWKSqtfegyXkWfOgmQDA6HPWfFdDn67o_gvRbF44sB3Bb25 Fla. Stat. §§ 102.014(1), 102.021(1).  On Election Day, deputy sheriffs must answer to and follow the instructions of the clerks and inspectors, and they may enter the polling place only if authorized by the clerk or a majority of inspectors. footnote26_cKsxKh0-dbPLoBEb3jVjBiq19sPGgPP-J86–4iSRtc_uR4NiqBwceEy26 Fla. Stat. §§ 102.031, 102.101; Poll Manual, supra note 21, at 33.

Following Applicable Laws

Poll workers are further constrained by their duty to follow local, state, and federal laws. footnote27_JWj6Tzk1rX1yp3PCmB0soSKaUqop3Wxll-zjnNKracw_bg6qrweLa7GJ27 Fla. Stat. § 102.012(1)(a).  Failure to do so may violate their oath of office, warrant removal, and result in criminal liability. footnote28_x2kpzPD79vxyRI1pXFqCbnJfzstTPknvgI4D1z9pd0_ec9jpZ5kxtxD28 Fla. Stat. §§ 102.012(1)(a), 104.011, 104.051, 104.11.  These applicable laws include the following constraints:

No person, including poll workers, may intimidate or harass voters. Federal and state laws prohibit actual or attempted intimidation, threats, or coercion against a voter with the purpose of interfering with the right to vote. footnote29_2mW5LLtFTr9Sa8zPw9WPBlEGN-0aqfWW2cbpB3VyPdg_w6jXPpih2hO629 52 U.S.C. §§ 10101(b), 10307(b); 42 U.S.C. § 1985(3); 18 U.S.C. § 594; Fla. Stat. §§ 104.0515(3), 104.0615(2).  Violators — including poll workers — are subject to significant civil and criminal liability. footnote30_62cH2WWlJYezt9874zJmHYaLFnXCtkq4ELfxvyKKQ_kqom3FlWFLMf30 Id.  Florida law further prohibits the use of “bribery, menace, threat, or other corruption” to influence, deceive, or deter any voter. footnote31_WqyoumcyBd74KxCjMaMCrpwUavJnLNqitXS4ze56fZg_eiGJeAherPNb31 Fla. Stat. § 104.061.  Examples of prohibited intimidation may include, without limitation, using insulting, offensive, or threatening language or raising one’s voice. footnote32_5HWU77oExiNO5U1jB2XeXIKyCiS5n0iE8pkPGo2I0s_c3uuF8F5QWJB32 See, e.g., U.S. Dep’t of Justice, Federal Law Constraints on Post-Election “Audits” (July 8, 2021), https://www.justice.gov/opa/press-release/file/1417796/download (explaining federal voter intimidation laws and explaining that intimidation may be in the form of both physical and non-physical threats); see also Institute for Constitutional Advocacy and Protection, Georgetown Law, Fact Sheet: Protecting Against Voter Intimidation, https://www.law.georgetown.edu/icap/wp-content/uploads/sites/32/2020/10/Voter-Intimidation-Fact-Sheet.pdf (last visited Sept. 22, 2022). See also, e.g., Poll Manual, supra note 21 at 26 (instructing poll workers to treat every voter with “dignity and respect” as to “words, tone, and actions”).

Poll workers may not disrupt elections through disinformation. Florida law prohibits knowingly using false information to, among other things, induce or attempt to induce a voter to refrain from voting or registering to vote. footnote33_FKOqvPTGs4dKcbZxwiOdn4Rr8meOVNTv0D2UbqdyiQ_mheLJ5oWs2HB33 Fla. Stat. § 104.0615(3).   Spreading disinformation that discourages individuals from voting — including false information about who can vote, how and when they can vote, or other aspects of the election process — may therefore violate state law and warrant removal.

Poll workers may not otherwise interfere with or attempt to influence voters. In addition to prohibiting intimidation, Florida law prohibits poll workers from using their position to attempt to influence or interfere with any election or voter. footnote34_NY1Z3SK-gziKGg1Om70sPfZcuuys7PpZqFlJcm8ZqNA_i5Uox8ruHdAk34 Fla. Stat. §§ 104.31(1)(a), 104.051(4).  Relatedly, it is a felony offense for any poll worker to willfully disclose how an elector voted. footnote35_u1itLuSS3Xh-UR5AX5D7s2JgBdZ4IDqFq1fg9kjnID0_mKbB0aXBEIrT35 Fla. Stat. § 104.23. Further, any photography of the polling room (with the exception of voters who photograph their own ballot) is generally prohibited. Fla. Stat. § 102.031(5).  Florida law further requires that prior to opening the polls, the clerk or supervisor must designate and mark the boundaries of a no-solicitation zone of 150 feet around the polling location or secure ballot intake station (drop box). footnote36_8LOAbwdr8RiPvdSgJHWrKU8–2PdN2BxISZzX-5-s_p1VyO5HRxlgP36 Fla. Stat. § 102.031(4)(a).  No person — including, but not limited to, poll workers — may solicit voters or otherwise engage “in any activity with the intent to influence … a voter” within this perimeter. footnote37_HJMoM0hosRZp3uOjGO-oorRqoROuj1yYO5lUoo5d-Lk_kpNEfnvZo9nf37 Fla. Stat. § 102.031(4)(b). A related portion of this statutory provision also prohibited “engaging in any activity with the . . . effect of influencing a voter.” Id. The 11th Circuit held that portion of the provision to be unconstitutionally vague and severed it from the rest of the statute in a 2023 ruling. See League of Women Voters of Florida. v. Florida Secretary of State, 66 F.4th 905, 946–48 (11th Cir. 2023).

Poll workers may not prevent eligible voters from casting a ballot. Florida poll workers receive challenges filed by voters or poll watchers on Election Day. footnote38_JBWwPnGyMHM25UvNZnMmTwnVYTNwo7f28v2ajXnfM_w7RfJWB8wC2o38 Fla. Stat. § 101.111(1)(a), (c). Given their role in receiving challenges, poll workers generally do not file challenges while working an election, and supervisors of elections, not poll workers, are charged with investigating fraudulent registrations and illegal voting. Fla. Stat. § 104.42.  Upon receipt of a properly filed written challenge, poll workers must allow the challenged voter to cast a provisional ballot. footnote39_btO3SznBap8ne-bTugbXZws73JyCx1i5DXM2Tk4xjsc_uqfiS8qEIWfy39 Fla. Stat. § 101.111(1)(b), (c). If the basis for the challenge is that the voter’s legal residence is not in that precinct, the voter must first be given the opportunity to execute a change of legal residence in order to vote a regular ballot. Fla. Stat. § 101.111(1)(b)2.  Similarly, any voter who arrives at the polls without identification must be allowed to cast a provisional ballot. footnote40_hhnjRN9x3Um1TbTnkc0e5Dxm0bTN7EsQjDW8inW1cw_f9aEYhBZ8zTD40 Fla. Stat. § 101.043(2).  In other words, Florida voters who affirm they are qualified should not leave a polling location without at least the opportunity to cast a provisional ballot. footnote41_Fu8WnAM1TCc-oCjTmIfWfVd8gRw4dQaQMaeSdAVO99k_iwJflx2gxFVh41 Under Florida law, individuals can face misdemeanor charges for making frivolous challenges and felony charges for knowingly using false information to challenge a voter. Fla. Stat. §§ 101.111(2), 104.0615(3)(a).  And when verifying identification or otherwise determining voter eligibility, poll workers must strive to apply the relevant portions of Florida’s election code uniformly and consistently across all voters at their polling place. Applying any standard, practice, or procedure differently to one individual than to other individuals in the precinct violates state law. footnote42_7N8AVHLDCNSS3B2dNDhZpCzEHlc5AIDgwyGkejggU_esMkXj4yLjdX42 Fla. Stat. § 104.0515(2)(a), (5).

Poll workers must assist voters in two-person teams. To ensure impartiality and fairness, state law and the Florida Department of State require that any voter who requires assistance marking the ballot or using voting equipment be assisted by two poll workers of different parties. footnote43_atvdXCtLZc3ngmC9Idq6nEW1YhjpbWTNXIj-StuRqLE_xjyi5nRx0haE43 Fla. Stat. § 101.051(1); Poll Manual, supra note 21, at 25. Pursuant to federal law, any voter who requires assistance to vote due to blindness, disability, or inability to read or write has the option to receive assistance from a person of their choosing. 52 U.S.C. § 10508.  Similarly, if a voter asks for further instructions regarding the manner of voting after they have entered the voting booth, two poll workers from different parties must provide the instructions. footnote44_IhhVj25zGkkPJ7UHyQbtTpH-4fuHfLBRmnELmFN3YM_lKNh1OoTNYl844 Fla. Stat. § 101.031(4).  In both cases, if two poll workers of different parties are not present, two poll workers from the same party must assist the voter. footnote45_53RVKoft1mBTSxn8dI7iAjQIEqkMwH2qlbLuXBelAc_rPuOVbsrw5Hd45 Fla. Stat. §§ 101.031(4), 101.051(1); Poll Manual, supra note 21, at 25.

Poll workers may not tamper with voting systems or election equipment. In Florida, it is a felony offense to tamper or attempt to tamper with or destroy any voting system or equipment in an effort to interfere with the election process. footnote46_4QxCEc2v9yDKNhvu8JiyrGiDk3LeiLkLNoQW2IGZo_xPMlOgJ7oF0O46 Fla. Stat. § 104.30(2).

Available Enforcement Mechanisms

Florida election officials have broad authority to appoint, remove, oversee, and train poll workers to ensure that elections run smoothly and remain free from disruptions. footnote47_td9zzn5vfPP6y2Q8uIsWodHshcW9oxjrxwhrBcFCY_gnx4VAUoiwpT47 Fla. Stat. §§ 102.012(1)(a), 102.014(1), 104.051(1).   Available enforcement mechanisms include:

Screening process. As noted above, each county supervisor maintains control over the poll worker appointment process. footnote48_JWj6Tzk1rX1yp3PCmB0soSKaUqop3Wxll-zjnNKracw_kFyiaWzNKZZ748 Fla. Stat. § 102.012(1)(a).   Consistent with this authority, supervisors can refuse to appoint individuals who cannot meet or are unwilling to follow the above eligibility criteria and constraints.

Training content. As noted above, state law requires poll workers and deputy sheriffs to complete training through their county supervisor prior to serving on Election Day. footnote49_Ux5omGnkXKRhR3zoGXMXgpmDxUd7L1CAqaoQO-KbuiI_e0mE53ntFBAh49 Fla. Stat. § 102.014(1), (4).    At this training, county officials should remind poll workers about relevant laws and rules, including their duty to answer only to the election officials and workers within their chain of command rather than their political parties, any party official, or any other outside individual or entity. These training sessions provide an opportunity for officials to clearly explain the checks in place to prevent voter fraud or manipulation of the election process and provide context to correct common rumors and misperceptions.

Assigning poll workers. Given the clerk’s role in overseeing the election process and inspectors, supervisors should choose — to the extent possible — to appoint only individuals with substantial previous poll worker experience and demonstrated knowledge of voting procedures to serve in this role. If they do not already, local officials should aim to track where first-time poll workers (at all levels) are placed, distribute first-time poll workers evenly across the jurisdiction, and ensure that every precinct has at least one poll worker with previous experience.

Removal. As detailed above, in the event that a poll worker refuses to comply with their duties, follow applicable laws, or otherwise disrupts the election process, that poll worker should be immediately removed and replaced. footnote50_s2Jk7KV4OubfVIETnHVF8VNZX8ghddVBSgvLSXa1rYw_pP6BM2mSMbBu50 Fla Stat. §§ 102.014(3), 104.051(1).  In case a disruption occurs, counties should also prepare — to the extent they do not already have one — a set removal plan and procedure. This plan could include: (1) a written list of common grounds for removal; (2) properly documenting the cause of the removal and all parties involved; and (3) maintaining, if possible, a list of backup poll workers to cover staffing shortages. In fact, Florida law already provides guidance as to replacements; persons who have completed the requisite training requirement within two years before the election should be prioritized as replacements, and any replacement poll worker must be a member of the same political party as their predecessor. footnote51_mMlzc1KCg7biwGkvA1wJwbKlRu55–7maVG-4swv0XfI_a88Kr3PS6ADg51 Fla. Stat. § 102.014(2), (3).  

Dispute resolution. Under Florida law, the clerk and inspectors at a polling place must decide any question based on a majority vote. footnote52_m4i4o9NwBhC3EBKJW3GKYVDqyvYTUFe1DDPu8EPxgI_s0PtJ9bgpBYY52 Fla. Stat. § 102.012(1)(a)  State law already provides that clerks must be trained in problem-solving and conflict-resolution skills in the event that disputes arise on a given question. footnote53_6I5jFnVWskQ0vkAx9Q1nz1vz7hV0kdmCXnyKNxxjqo_xAdSsGUZ0dLI53 Fla. Stat. § 102.014(1).  If they have not already done so, county officials may further choose to create a set procedure for reporting disputes up the chain of command so they can be quickly resolved.

Oath of office. The oath of office provides a strong legal basis for preventing and addressing abuses by poll workers. footnote54_7T8wbsDgKpMTc44TjPm2lbuGGRhrOhpb4wspqy6v4BA_rae7MhJdfPyL54 Fla. Stat. §§ 102.012(1)(a), 104.011(1).