1A-40.009. Deaccession and Disposal of State-owned Artifacts

In accordance with the policy set forth in Rule 1A-40.004, F.A.C., all decisions to remove a state-owned artifact from the division’s permanent collections by deaccession and disposal are made in a manner that is in the best interests of the public and the artifact.

(1) From time to time, each bureau that is responsible for artifacts in the division's permanent collections initiates recommendations of state-owned artifacts that should be deaccessioned and the method by which the deaccessioned artifacts should be disposed of. A Deaccession and Disposal Worksheet (HR2I280889), herein incorporated by reference, is completed to document the deaccession and disposal process.

(2) 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 division; and

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

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

(b) Examples of situations in which deaccession and disposal of a state-owned artifact may be recommended 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 division; or

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

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

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 division employees or other persons; or

5. Has been obtained under a commercial salvage contract with the division executed pursuant to Chapter 1A-31, F.A.C., and is duplicated by another artifact in the division’s permanent collections.

(c) Before a recommendation on deaccession and disposal is made, a determination is made as to whether the division is free to deaccession and dispose of a state-owned artifact by verifying that the division 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 Office of Legal Affairs of the Florida Department of State 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.

(3) The responsible bureau requests authorization from the division director to proceed with deaccession and disposal and proceeds only after receiving this authorization.

(4) After receiving authorization to proceed with deaccession and disposal, the responsible bureau determines an appropriate method of disposal.

(a) The responsible bureau ensures that:

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

2. Ownership shall not be given to any division employee 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 division 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. If the state-owned artifact meets the conditions set out in subparagraph 1A-40.009(2)(b)5., F.A.C., it may be exchanged for an artifact owned either by a not-for-profit or a for-profit agency, institution, or organization or by an individual, provided each of the following conditions is met:

a. Artifacts received and granted in exchange were retrieved from the same shipwreck site;

b. Artifacts received are of value approximately equal to or greater than that of the state-owned artifacts granted in exchange, as determined by an independent appraisal; and

c. The exchange results in the division receiving artifacts not well represented in its permanent collections.

4. In all other cases, 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 shall be investigated:

a. Selling 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. Donating 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 one of the division's non-permanent collections 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, in order, for disposing of the artifact:

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

II. If the original donor cannot be located, or does not wish to have custody of the deaccessioned artifact, the artifact may be sold or donated to or exchanged with an individual; a private, for-profit, organization; or a not-for-profit agency, institution, or organization other than one of the types of not-for-profit entities named in subsection 1A-40.009(4), F.A.C.; or the artifact may be disposed of by any other legal means.

5. Human skeletal remains in the division’s permanent collections are disposed of in accordance with Section 872.05, F.S.

(c) The method of disposal chosen shall be consistent with the principles described in subsection 1A-40.004(1), F.A.C., and the reason or reasons for choosing a method shall be documented in writing by the responsible bureau.

(5) After determining an appropriate method of disposal, the responsible bureau seeks final approval from the division director for deaccessioning and disposing of a state-owned artifact. If approval is received, the bureau 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 division’s accession number is removed from the artifact unless, by doing so, the integrity of the artifact would be damaged; and

3. It is noted on all relevant division and bureau collections records that the artifact has been deaccessioned.

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

1. Signs a Receipt for Deaccessioned Artifacts (HR2E290889), herein incorporated by reference; and

2. Removes the artifact from the division’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 division 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, it is ensured that:

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

2. Any income received from the sale of deaccessioned artifacts is deposited in the Museum of Florida History Trust Fund, pursuant to Section 267.061(3)(m)5., F.S.

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.061(3)(m)6. FS. History–New 3-28-90, Amended 5-11-92.