Fla. Admin. Code Ann. R. 5H-24.006 - Deaccession and Disposal of Department or Museum-owned Artifacts

All decisions to remove a Department or Museum-owned artifact from the Museum's permanent collections by deaccession anddisposal are made in a manner that is in the best interest of the public and the artifact.

(1) From time to time, the Museum initiates recommendations of Department or Museum-owned artifacts that should be deaccessioned and the method by which the deaccession artifacts should be disposed of. A Deaccession and Disposal Worksheet, herein incorporated by reference, is completed to document the deaccession and disposal process.

(2) The criteria listed below are used to determine whether a Department or Museum-owned artifact may be deaccessioned and disposed of:

(a) Deaccessioning and disposing of a Department or Museum-owned artifact will be recommended only if:

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

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) Examples of situations in which deaccession and disposal of a Department or Museum-owned artifact will 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 Museums; 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 Department or Museum-owned artifacts or the health and safety of Museum employees or other persons; or

5. Is duplicated by another artifact in the Museum's permanent collections.

(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 Department or Museum-owned artifact by verifying that the Museum legally owns the artifact, and that the Museum 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 Agriculture and Consumer Services 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 Museum requests authorization from the museum 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 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, architectural, archaeological, or folk cultural heritage; and

2. Ownership shall not be given to any Museum 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 Department or Museum-owned artifact is made of hazardous materials or is actively decomposing in a manner that directly affects the condition of other Department or Museum-owned artifacts or the health and safety of Museum 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 Department or Museum-owned artifact has deteriorated or been damaged beyond usefulness or repair, it may be properly discarded or destroyed.

3. If the Department or Museum-owned artifact meets the conditions set out in subparagraph 5H-24.006(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 are of value approximately equal to or greater than that of the Department or Museum-owned artifacts granted in exchange, as determined by an independent appraisal; and

b. The exchange results in the Museum 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 Museum'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 a not-for-profit agency, institution, or organization other than one of the types of not-for-profit entities named in subsection 5H-24.006(4), F.A.C.; or the artifact may be disposed of by any other legal means.

(5) After determining an appropriate method of disposal, the Museum staff seeks final approval from the Museum director for deaccessioning and disposing of a Department or Museum-owned artifact. If approval is received, the staff 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. It is noted on all relevant Museum 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, herein incorporated by reference; and

2. Removes the artifact from the Museum's premises.

(c) If the artifact is made of hazardous material or is actively decomposing in a manner that directly affects the condition of other Department or Museum-owned artifacts or the health and safety of Museum 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 Museum or where Department or Museum-owned artifacts are on loan from the Museum, and

2. Any income received from the sale of deaccessioned artifacts is deposited in the Museum's operating account.

Notes

Fla. Admin. Code Ann. R. 5H-24.006

Rulemaking Authority 570.903(8) FS. Law Implemented 570.903(8) FS.

New 12-9-99.

New 12-9-99.