Fla. Admin. Code R. 1A-40.008

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

Section 1A-40.008 - Loan of State-owned Artifacts

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

(2) While the division 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 1A-40.008(1), FAC. It is the division's policy not to loan state-owned artifacts for decorative or personal use. State-owned artifacts are not loaned 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. The division will not loan state-owned artifacts 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 division or is requested by another agency, institution, or organization, a written request is submitted to the division, in care of the responsible bureau. 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) If applicable, 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.

(4) In addition, each agency, institution, or organization that wishes to borrow a state-owned artifact completes a Facilities Report (HR2E260889), herein incorporated by reference, and submits it to the responsible bureau.

(5) Upon receipt of a written request and a completed Facilities Report (HR2E260889), the responsible bureau evaluates the request. The written request and the completed Facilities Report (HR2E260889) must be received at least six weeks before state-owned artifacts are to be removed from the division's permanent collections for shipping to the borrower.

(a) To be approved, a loan must serve one of the following purposes:

1. To assist historical, architectural, archaeological, folk cultural, or other studies;

2. 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 division; or

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

(b) In addition, 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 institution. 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 division 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 division 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. If applicable, the context in which the requested artifact will be exhibited and how this would reflect on the division and the State of Florida.

(6) Based on the criteria set out in subsection 1A-40.008(5), F.A.C., a decision is made whether to approve the loan request. The responsible bureau 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 Loan Agreement (HR2E270889), herein incorporated by reference, is completed and returned;

(c) A commitment is obtained for insurance of loaned state-owned artifacts in an amount determined by division 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 division before state-owned artifacts leave the division's custody; and,

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

(7) The division 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 Operating Trust Fund of the division. Any income received from the loan of state-owned artifacts is used to acquire additional artifacts, to defray costs associated with the loan, or to assist in the curation or maintenance of state-owned artifacts.

(8) 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 1A-40.008(5) -(7), F.A.C., are followed to evaluate each request for renewal and to complete the loan process.

(9) Every loan, including those considered to be permanent, must be reviewed at least every five years. If any of the loan conditions are violated, and if the division determines that such violations are detrimental to the security or preservation of the artifacts, the division shall terminate the loan agreement.

Fla. Admin. Code Ann. R. 1A-40.008

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.