Current through Reg. 50, No. 212; October 29, 2024
Section 5H-24.005 - Loan of Department or Museum-owned Artifacts(1) The Museum may make loans of Department or Museum-owned artifacts for scholarly or educational purpose or to assist the Museum in carrying out its responsibility to ensure proper curation of Department or Museum-owned artifact.(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 5H-24.005(1), F.A.C. It is the Museum's policy not to loan Department or Museum-owned artifacts for decorative or personal use. Department or Museum-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 Museum will not loan Department or Museum-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 Museum or is requested by another agency, institution, or organization, a written request is submitted to the Museum, in care of the Museum. This request includes the following information: (a) A list of the Department or Museum-owned artifacts requested for loan;(b) A statement of the proposed loan's purpose, including, if applicable, the title of the exhibition in which Department or Museum-owned artifacts will be displayed.(c) The dates for which the proposed loan of Department or Museum-owned artifacts is requested; and(d) If applicable, the manner in which loaned Department or Museum-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 Department or Museum-owned artifact completes a Facilities Report, herein incorporated by reference, and submits it to the Museum.(5) Upon receipt of a written request and a completed Facilities Report, the Museum evaluates the request. The written request and the completed Facilities Report must be received at least six weeks before Department or Museum-owned artifacts are to be removed from the Museum'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 Department or Museum-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; or3. To assist the Museum in carrying out its responsibility to ensure proper curation of Department or Museum-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 Department or Museum-owned artifacts will be properly protected and preserved:1. The care, security, and insurance to be provided by the borrowing institution. No loans of Department or Museum-owned artifacts are made without adequate insurance coverage for these artifacts. Information is obtained by one of the following methods: a. Determination by a Museum staff member;b. Consultation of collections records; orc. 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; and7. If applicable, the context in which the requested artifact will be exhibited and how this would reflect on the Museum and the Department.(6) Based on the criteria set out in subsection 5H-24.005(5), F.A.C., a decision is made whether to approve the loan request. The Museum 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, herein incorporated by reference is completed and returned;(c) A commitment is obtained for insurance of loaned Department or Museum-owned artifacts in an amount determined by Museum staff members or by outside appraisal. For loans of Department or Museum-owned artifacts whose combined value is over $500, proof of insurance is obtained. Proof of insurance must be received by the Museum before Department or Museum-owned artifacts leave the Museum's custody; and(d) The artifact is prepared for delivery to the borrower and arrangements are made for transportation.(7) The Museum will seek to recover costs associated with loans, including costs for material, staff time, and shipping or transportation, and such costs will be charged to the borrowing entity. These charges are negotiated prior to approving a loan, and moneys collected are deposited in the Museum's operating account. Any income received from the loan of Department or Museum-owned artifacts is used to acquire additional artifacts, to defray costs associated with the loan, or to assist in the curation or maintenance of Department or Museum-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 5H-24.005(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 Museum determines that such violations are detrimental to the security or preservation of the artifacts, the Museum shall terminate the loan agreement.Fla. Admin. Code Ann. R. 5H-24.005
Rulemaking Authority 570.903(8) FS. Law Implemented 570.903(8) FS.