Create a new chapter and rules for the Museum of Florida History. The new chapter is 1T-12 Museum of Florida History.

DEPARTMENT OF STATE
Division of Cultural Affairs

RULE NO.: RULE TITLE:
1T-12.001: Definitions
1T-12.002: Acquisition Procedures
1T-12.003: Accessioning Procedures
1T-12.004: Inventory of State-owned Artifacts
1T-12.005: Loan of State-owned Artifacts
1T-12.006: Deaccession and Disposal of State-owned Artifacts
PURPOSE AND EFFECT: Create a new chapter and rules for the Museum of Florida History. The new chapter is 1T-12 Museum of Florida History.
SUMMARY: Create a new chapter and rules for the Museum of Florida History. The new rule details Acquisition Procedures, Accessioning Procedures, Inventory of State-owned Artifacts, Loan of State-owned Artifacts, and Deaccession and Disposal of State-owned Artifacts.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based upon the following, the Agency has determined that the proposed rule will not require legislative ratification pursuant to Section 120.541(3), F.S., or other applicable statutes: 1) no requirement for SERC was triggered under Section 120.541(1), F.S., and 2) based on past experiences with cultural-related activities and rules of this nature, the adverse impact or regulatory cost, if any, do not exceed nor would be expected to exceed any one of the economic analysis criteria set forth in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 265.704(1), 265.706(6) FS.
LAW IMPLEMENTED: 265.704, 265.706 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, August 13, 2012, 9:30 a.m.
PLACE: Museum of Florida History, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Jeana Brunson, Museum of Florida History, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jeana Brunson, Museum of Florida History, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

MUSEUM OF FLORIDA HISTORY

1T-12.001 Definitions.

The following words and terms are used in reference to the management of permanent historical collections of the Museum of Florida History and shall have the following meanings:

(1) “Accession” means the process of formally adding a newly-acquired artifact to the permanent historical collections records and assigning it a unique number.

(2) “Acquire” means the process of agreeing to accept an artifact for the permanent historical collections of the museum and taking possession of the artifact by any lawful method, including but not limited to donation, bequest, purchase, transfer from another agency, staff field collection, or exchange.

(3) “Artifact” means an object or group of objects of intrinsic historical value relating to the history, government, or culture of the state of Florida.

(4) “Deaccession” means the process of formally removing a state-owned artifact from the permanent historical collections records.

(5) “Disposal” means the process of permanently removing a state-owned artifact from the permanent historical collections by one of the following means:

(a) Transferring title to another agency, institution, organization, or other entity, and moving the artifact to the premises of that agency, institution, organization, or other entity; or

(b) Properly discarding or destroying the artifact, if it has deteriorated or has been damaged beyond usefulness or repair.

(6) “Hazardous” means any material that is regulated by the Florida Department of Environmental Protection.

(7) “Museum” means the Museum of Florida History.

(8) “State-owned artifact” means an artifact in the permanent historical collections of the museum that is owned by the State, with title vested in the division.

(9) “Division” means the Division of Cultural Affairs.

Rulemaking Authority 265.704(1), 265.706(6) FS. Law Implemented 265.7025-265.706 FS. History–New________.

 

Editorial Note: Formerly 1A-40.003, F.A.C.

 

1T-12.002 Acquisition Procedures.

(1) The Division of Cultural Affairs (division) delegates responsibility for management of permanent historical collections to the Museum of Florida History (museum). The museum’s policies for the management of historical collections are built upon the accreditation requirements of the American Association of Museums (AAM), the organization responsible for the accreditation of museums throughout the United States. When contacted by a prospective donor or vendor, the museum determines in accordance with subsection 1T-12.002(2), F.A.C., whether the offered artifact falls within museum’s responsibility or is the responsibility of another agency, institution, or organization. If the artifact is more appropriate for the collections administered by another agency, institution, or organization, the prospective donor or vendor is referred to that agency, institution, or organization.

(2) The museum evaluates artifacts and determines whether they should be accepted into the permanent historical collections.

(a) When the museum accepts custody of an artifact from a prospective donor or vendor, an Examination Receipt is completed by museum staff. Examination Receipt FAC (Form CAMFH150), effective 9/2012, hereby incorporated by reference and available from the museum at www.museumoffloridahistory.com,

(b) Evaluation of artifacts is based on the following criteria:

1. All acquisitions must have intrinsic historical value relating to the history, government, or culture of the state of Florida; and

2. All acquisitions must possess potential for research or be useful for exhibition or interpretive purposes.

3. In addition to these general criteria, the following factors shall be considered when evaluating artifacts:

a. Whether the artifacts have been carefully examined and evaluated by a museum staff member who is knowledgeable about them;

b. Whether the artifacts have legitimate and clear provenance;

c. Whether the current owner of the artifacts has clear title to them and is free to convey them to the museum;

d. Whether the museum can provide proper storage, protection, and preservation for the artifacts, to ensure their availability for museum and division purposes; and

e. The artifacts' copyright status.

(3) When evaluation is completed, the museum makes a decision whether to acquire the artifact and accept it into the permanent historical collections.

(a) In the case of artifacts that the museum determines will have a significant impact on the public or may cause public controversy, the approval of the division director is required.

(b) The prospective donor or vendor is notified of the decision.

(4) If the museum decides to acquire an artifact, acquisition is accomplished by one of the following methods.

(a) If the artifact is acquired by donation, a Deed of Gift is completed by museum staff and signed by the donor or donors. The Deed of Gift FAC (Form CAMFH151), effective 9/2012, is hereby incorporated by reference and available from the museum at www.museumoffloridahistory.com,

(b) If the artifact is acquired by purchase, a receipt of purchase is secured;

(c) If the artifact is transferred to the museum from another agency, institution, or organization appropriate documentation by acknowledgement and receipt is obtained.

(5) If the museum decides not to acquire an artifact for its permanent collections, the artifact, if it is in the museum’s custody, is returned to the prospective donor or vendor, or is disposed of as noted on the Examination Receipt.

Rulemaking Authority 265.704(1), 265.706(6) FS. Law Implemented 265.7025-265.70 FS. History–New________.

 

Editorial Note: Formerly 1A-40.005, F.A.C.

 

1T-12.003 Accessioning Procedures.

(1) When the Museum of Florida History acquires a historical artifact, a designated staff member accessions it into the permanent historical collections. The acquired artifact is assigned a unique accession number and listed in an accessions register. The artifact is moved into the museum’s collections storage area.

(2) The accession number assigned to an acquired artifact consists of three elements:

(a) Year of acquisition.

(b) A museum identifier letter. The museum is designated as “M” in the accession number.

(c) Group Number. The group number refers to the museum’s acquisition of a specific group of artifacts from a single source on a specific date.

(3) Additional subordinate numbers may be assigned, following the accession number, to further identify artifacts within groups. (Example: In the number “99M.5.3,” “99” refers to the year 1999, “M” to the Museum of Florida History, “5” to the fifth group of objects acquired during that calendar year, and “3” to the third discrete artifact in a group of several artifacts).

(4) The museum shall maintain electronic databases and files of paper records of the permanent historical collections to document accessioned artifacts.

(a) The electronic databases contain the following information about each state-owned artifact:

1. Accession number;

2. Date of acquisition;

3. Method of acquisition;

4. A brief description of the artifact;

5. Name of the source of acquisition;

6. Storage location; and

7. Catalog information concerning the artifact including, but not limited to, subject headings, information about associations with persons, places, and historical topics, information about the artifact’s condition; and information about the materials and techniques of manufacture.

(b) Paper records contain the following information concerning state-owned artifacts:

1. An accessions register that documents the date of accession, the source of the artifact, the method of acquisition, and a short description of the artifact; and

2. The following distinct files:

a. Reference cards, filed by source name, that duplicate the information listed in the accessions register;

b. Reference information about the artifact, filed by accession number, including transfers of title and related documents, research material related to the artifact, and information about the artifact’s condition and provenance.

c. Object cards and worksheets that describe the artifact and its location in detail;

d. Photographic records of artifacts;

e. A separate file containing completed copies of the Deaccession Worksheet FAC (Form CAM156), effective 9/2012, and the Deaccessioned Receipt FAC (Form CAMFH152), effective 9/2012. Both forms are hereby incorporated by reference and available from the museum at www.museumoffloridahistory.com; and

f. Records of previous inventories.

Rulemaking Authority 265.704(1), 265.706(6) FS. Law Implemented 265.7025- 265.70 FS. History–New________.

 

Editorial Note: Formerly 1A-40.006, F.A.C.

 

1T-12.004 Inventory of State-owned Artifacts.

(1) The Museum of Florida History (museum) conducts an annual inventory of artifacts in its permanent historical collections beginning July 1, or as soon thereafter as practicable, and completes the inventory not later than August 31, according to the following procedures:

(a) A complete inventory is taken of all state-owned artifacts valued at $1,000 or more. Using a printout of information from an electronic database, a designated staff member looks for each item listed on the inventory, and records whether the item is present, updating its location as necessary. If inventory information is maintained manually, rather than in an electronic database (i.e., on object cards and worksheets), the staff member uses these paper records to conduct the inventory.

(b) An inventory is taken, by a simple random sample, of one per cent (1%) of all accessioned artifacts valued at less than $1,000. Using a printout of information from an electronic database, the designated staff member looks for each randomly-selected item listed on the inventory, and records whether the item is present, updating its location as necessary. If inventory information is maintained manually (i.e., on object cards and worksheets), rather than in an electronic database, the staff member uses these paper records to conduct the inventory.

(2) If a state-owned artifact is not found during the inventory, all relevant collections records are checked to determine if the artifact has been removed from the location given on the inventory for a particular purpose.

(3) If the state-owned artifact cannot be located after collections records are checked, the division director is informed, and the Florida Department of Law Enforcement (FDLE) is notified if the value exceeds $1,000. To accomplish this, the museum completes a Missing Artifact FAC (Form CAMFH153), effective 9/2012, hereby incorporated by reference, and available from the museum at www.museumoffloridahistory.com. The Florida Department of Law Enforcement also is asked to conduct an investigation or take other appropriate steps to determine the whereabouts of the missing state-owned artifact and recover it.

(4) The fact that the state-owned artifact is missing is noted on all museum collections records.

Rulemaking Authority 265.704(1), 265.706(6) FS. Law Implemented 265.7025-265.70 FS. History–New________.

 

Editorial Note: Formerly 1A-40.007, F.A.C.

 

1T-12.005 Loan of State-owned Artifacts.

(1) The Museum of Florida History may make loans of state-owned historical artifacts for scholarly or educational purposes or to assist in carrying out its responsibility to ensure proper curation of state-owned artifacts.

(2) While the museum makes loans primarily to not-for-profit agencies, institutions, and organizations, a loan occasionally may be made to a for-profit agency, institution, or organization when the loan’s purpose is consistent with the purposes set out in subsection 1T-12.005(1), F.A.C. The museum does not loan state-owned artifacts:

(a) For decorative or personal use.

(b) To any agency, institution, or organization that is or has been under criminal investigation, unless the agency, institution, or organization has been cleared of any wrongdoing.

(c) To any agency, institution, or organization that plans to offer artifacts for sale during the term of the loan.

(3) Whether a loan is initiated by the museum or is requested by another agency, institution, or organization, a written request is submitted to the museum at least two months prior to the anticipated date for the requested artifacts to leave the museum’s premises. This request includes the following information:

(a) A list of the state-owned artifacts requested for loan;

(b) A statement of the proposed loan's purpose, including, if applicable, the title of the exhibition in which state-owned artifacts will be displayed;

(c) The dates for which the proposed loan of state-owned artifacts is requested; and

(d) The manner in which loaned state-owned artifacts will be presented in an exhibition and the estimated size and composition of the exhibition's audience.

(e) A copy of the agency, institution, or organization’s facilities report.

(4) Upon receipt of a written request and the organization’s facilities report, the museum evaluates the request.

(a) To be approved, a loan must serve one of the following purposes and satisfy the criteria in paragraph (4)(b):

1. To provide state-owned artifacts relating to interpretive exhibits and other educational programs which promote knowledge and appreciation of Florida history and culture, and the programs of the museum; or

2. To assist the museum in carrying out its responsibility to ensure proper curation of state-owned artifacts.

(b) The following criteria are considered when evaluating loan requests, to determine that the loan will produce a substantial public benefit and that loaned state-owned artifacts will be properly protected and preserved:

1. The care, security, and insurance to be provided by the borrowing agency, institution, or organization. No loans of state-owned artifacts are made without adequate insurance coverage for these artifacts. Information is obtained about the amount of fine arts or liability insurance coverage needed for the requested loan, based on its appraised value. The appraisal is obtained by one of the following methods:

a. Determination by a museum staff member;

b. Consultation of collections records; or

c. Determination by a hired consultant. The cost of this type of appraisal shall be paid for as agreed between the parties.

2. Any anticipated use by the museum itself of the requested artifact;

3. The condition, rarity, and value of the requested artifact;

4. The duration of the loan, all loans being made for a specified period of time only;

5. The feasibility of preparing the loan within the time requested;

6. The size and composition of the anticipated audience, if this information is appropriate to the purpose of the loan; and

7. The context in which the requested artifact will be exhibited and how this would reflect on the museum, division, and the State of Florida.

(5) Based on the criteria set out in subsection 1T-12.005(4), F.A.C., the museum decides whether to approve the loan request and notifies the requesting agency, institution, or organization in writing of the decision. To complete the loan process:

(a) Collections records are verified to ensure that they are current, and that they contain a photograph or photocopy of the artifact;

(b) A Outgoing Loan Form FAC (Form CAMFH155), effective 9/2012, hereby incorporated by reference and available from the museum at www.museumoffloridahistory.com, is completed by museum staff and signed and returned by the borrowing agency, institution, or organization;

(c) A commitment is obtained for insurance of loaned state-owned artifacts in an amount determined by museum staff members or by outside appraisal. For loans of state-owned artifacts whose combined value is over $500, proof of insurance is obtained. Proof of insurance must be received by the museum before state-owned artifacts leave the museum’s custody; and

(d) The artifact is prepared for delivery to the borrower and arrangements are made for transportation.

(6) The museum may seek to recover costs associated with loans, including costs for materials, staff time, and shipping or transportation, and such costs may be charged to the borrowing agency, institution, or organization. These charges are negotiated prior to approving a loan, and moneys collected are deposited in the division’s Grants and Donations Trust Fund. Any income received from the loan of state-owned artifacts is used to defray costs associated with the loan, or assist in the curation or maintenance of state-owned artifacts.

(7) A written request to renew a loan must be received at least one month prior to the end of the existing loan agreement. Procedures described in subsections 1T-12.005(5)-(7), F.A.C., are followed to evaluate each request for renewal and to complete the loan process.

(8) Every loan, including those considered to be long-term, must be reviewed annually. If any of the loan conditions are violated, and if the museum determines that such violations are detrimental to the security or preservation of the artifacts, the museum shall terminate the loan agreement.

Rulemaking Authority 265.704(1), 265.706(6) FS. Law Implemented 265.7025-265.70 FS. History–New________.

 

Editorial Note: Formerly 1A-40.008, F.A.C.

 

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 the museum at www.museumoffloridahistory.com, 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 the museum at www. museumoffloridahistory.com; 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 265.7025-265.70 FS. History–New________.

 

Editorial Note: Formerly 1A-40.009, F.A.C.

NAME OF PERSON ORIGINATING PROPOSED RULE: Jeana Brunson, Museum of Florida History, R. A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Detzner, Secretary of State
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 3, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 1, 2012