Fla. Admin. Code R. 1A-40.005

Current through Reg. 50, No. 235-239, December 10, 2024

Section 1A-40.005 - Acquisition Procedures

(1) The division delegates responsibility for initial contact with prospective donors or vendors to its bureaus. When contacted by a prospective donor or vendor, each bureau determines in accordance with subsection 1A-40.004(2), F.A.C. whether the offered artifact falls within its or another bureau's area of responsibility. If the artifact is more appropriate for the division's permanent collections administered by another bureau, the prospective donor or vendor is referred to that bureau.

(2) The responsible bureau evaluates artifacts and determines whether they should be accepted into the division's permanent collections.

(a) The process of evaluating each artifact is recorded on an Evaluation Log (HR2I360991), herein incorporated by reference.

(b) When the division accepts custody of an artifact from a prospective donor or vendor, an Examination Receipt (HR2E230889), herein incorporated by reference, is completed.

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

1. All acquisitions must have intrinsic historical, architectural, archaeological, or folk cultural 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 division 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 division;

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

e. The artifacts' copyright status, if applicable.

(3) When evaluation is completed, a decision is made as to whether to acquire the artifact and accept it into the division's permanent collections.

(a) In the case of artifacts valued at less than $500, this decision is made at the bureau level. If an artifact is valued at $500 or more, or if the responsible bureau determines that it 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 division's decision.

(4) If the division decides to acquire an artifact, acquisition is accomplished by one of the following methods. The method of acquisition used is based on the needs of the donor or vendor and the division and on the nature of the transaction.

(a) If the artifact is acquired by donation, a Deed of Gift (HR2E240889) or an Informant Depositor Agreement (HR5E140889), herein incorporated by reference, is completed;

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

(c) If the artifact is transferred to the division from another state agency, appropriate documentation by acknowledgement and receipt is obtained; or

(d) If the artifact is retrieved from an underwater shipwreck site as the result of a treasure salvage operation permitted under Chapter 1A-31, F.A.C., a Treasure Salvage Division Inventory (HR6E010889), herein incorporated by reference, is completed.

(5) If the division decides not to acquire an artifact for its permanent collections, the artifact, if it is in the division's custody, is returned to the prospective donor or vendor, or is disposed of as noted on the Examination Receipt (HR2E230889).

Fla. Admin. Code Ann. R. 1A-40.005

Rulemaking Authority 267.031(1), 267.115(6) FS. Law Implemented 267.061(3)(m)6. FS.

New 3-28-90, Amended 5-11-92.