1T-12.006. Deaccession and Disposal of State-owned Artifacts

Decisions to remove a state-owned artifact from the Museum of Florida History’s permanent collections by deaccession and disposal are made in the best interests of the public and the artifact. The museum initiates recommendations for state-owned artifacts that should be deaccessioned and the method of disposition. A Deaccession Worksheet FAC (Form CAMFH156), effective 9/2012, hereby incorporated by reference and available from: http://www.flrules.org/Gateway/reference.asp?No=Ref-01590 is completed to document the deaccession and disposal process. The museum’s policies and procedures for deaccession and disposal are in keeping with the accreditation requirements of the American Association of Museums.

(1) The criteria listed below are used to determine whether a state-owned artifact may be deaccessioned and disposed of:

(a) Deaccessioning and disposing of a state-owned artifact may be recommended only if:

1. The artifact is not relevant and useful to the functions and activities of the museum;

2. The artifact cannot be properly stored, preserved, or interpreted by the museum; and,

3. The artifact has been in the museum’s permanent collections for at least one year (hazardous or actively decomposing materials excepted).

(b) Circumstances under which the museum may recommend the deaccession and disposal of a state-owned artifact include, but are not limited to, instances in which an artifact:

1. Has no further use or value for the research, exhibit, or interpretive programs of the museum;

2. Will receive appropriate interpretation, maintenance, or preservation by another agency, institution, or organization;

3. Has deteriorated or been damaged beyond usefulness or repair;

4. Is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other state-owned artifacts or the health and safety of  employees or other persons.

(c) Before a recommendation on deaccession and disposal is made, a determination is made as to whether the museum is free to deaccession and dispose of a state-owned artifact by verifying that the State of Florida legally owns the artifact, and that the division is not prohibited from deaccessioning and disposing of the artifact by a legal condition of ownership. Where any such restriction of ownership applies:

1. An opinion is sought from the Florida Department of State General Counsel regarding the intent and force of any restrictions; and,

2. A deaccessioned artifact to which precatory restrictions apply is not disposed of until reasonable efforts have been made to comply with the restrictions.

(2) If the division is free to deaccession and dispose of a state-owned artifact, the museum determines an appropriate method of disposal.

(a) The museum ensures that:

1. Preference shall be given to retaining within Florida those materials that are part of the state’s historical heritage; and,

2. Ownership shall not be given to any employee of the State of Florida, or board, council, or committee member, or to a spouse or relative of an employee or board, council, or committee member, unless that person was the original donor of the artifact.

(b) The appropriate method of disposal is chosen from among the following:

1. If a state-owned artifact is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other state-owned artifacts or the health and safety of employees or other persons, the Florida Department of Environmental Protection shall be contacted to determine appropriate procedures for handling, transporting, and disposing of the artifact.

2. If a state-owned artifact has deteriorated or been damaged beyond usefulness or repair, it may be properly discarded or destroyed.

3. When determining the appropriate method of disposal, every reasonable effort shall be made to ensure that ownership of the artifact is maintained by a public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization. To accomplish this end, the following options may be investigated:

a. Donating the deaccessioned artifact to another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

b. Exchanging the deaccessioned artifact for a Florida-related artifact owned by another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

c. Selling the deaccessioned artifact to another public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization; or

d. Transferring the deaccessioned artifact to the museum's non-permanent education collection to be used for research or in interpretive exhibits or other educational programs which promote knowledge and appreciation of Florida history and culture.

e. Only after all reasonable efforts have been made to ensure that ownership of a deaccessioned artifact is maintained by a public or not-for-profit historical, archaeological, cultural, or other educational agency, institution, or organization may the following alternatives be investigated for disposing of the artifact:

1. All reasonable efforts are made to locate the original donor and offer the deaccessioned artifact to him or her;

2. If the original donor cannot be located, or does not wish to have custody of the deaccessioned artifact, the artifact may be donated to, sold to, or exchanged with a private, for-profit organization, or not-for-profit organization, other than one of the types of not-for-profit entities named in subsection 1T-12.006(2), F.A.C., or the artifact may be disposed of by any other legal means.

(c) The method of disposal chosen shall be consistent with the principles described in subsection 1T-12.006(1), F.A.C., and the reason or reasons for choosing a method shall be documented in writing by the museum.

(3) After determining an appropriate method of disposal, the museum seeks final approval from the division director for deaccessioning and disposing of a state-owned artifact. If approval is received, the museum carries out deaccession and disposal in the manner recommended.

(a) The following steps are taken to complete the process:

1. A staff member ensures that collections records contain the following;

a. A photograph or photocopy of the artifact;

b. A physical description of the artifact; and,

c. Information about the provenance of the artifact, if available.

2. The museum’s accession number is removed from the artifact unless, by doing so, the integrity of the artifact would be damaged; and,

3. Deaccession of the artifact is noted on all relevant division and museum collections records.

(b) If ownership is being given to another agency, institution, or organization, the new owner:

1. Signs a Deaccession Receipt FAC (Form CAMFH152), effective 9/2012, hereby incorporated by reference and available from: http://www.flrules.org/Gateway/reference.asp?No=Ref-01588; and,

2. Removes the artifact from the museum’s premises.

(c) If the artifact is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other state-owned artifacts or the health and safety of employees or other persons, recommendations of the Florida Department of Environmental Protection for handling, transporting, and disposing of the artifact are complied with.

(d) In the sale of deaccessioned artifacts, the museum ensures that:

1. Deaccessioned artifacts are not offered for sale in any retail establishment operated by the Department of State or where state-owned artifacts are on loan from the department; and,

2. Any income received from the sale of deaccessioned artifacts is deposited in the division’s Grants and Donations Trust Fund, pursuant to section 265.706(5), F.S. Such funds remain permanently restricted and used only as allowed by section 265.706(5), F.S., and by the accreditation requirements of the American Association of Museums (AAM).

Rulemaking Authority 265.704(1), 265.706(6) FS. Law Implemented 265.7025, 265.703, 265.704, 265.705, 265.706 FS. History–New 9-17-12, Formerly 1A-40.009.