Florida State vs. ACC, ACC vs. FSU and the next step in conference realignment – Tampa Bay Times

Years of private grumbling, months of public frustration and 50 minutes of Zoom conversations resulted in a three-word sentence, Florida State Board of Trustees Chairman Peter Collins said Friday morning.

FSU vs. ACC.

Or, if you prefer to hear the conference content: ACC vs. FSU.

That battle is now headed to court – plural – after the conference and one of its flagship programs filed separate lawsuits against each other over a 24-hour period.

Only half a billion dollars and the stability of the entire college football landscape are at stake.

FSU's argument was the first to become public thanks to an emergency virtual meeting of the board. Trustees unanimously approved a seven-count lawsuit that, if successful, will allow the Seminoles to leave their conference home of the past three decades as early as this summer.

FSU officials have repeatedly said the 38-page filing in Leon County Circuit Court is not a direct response to the 13-0 Noles' exclusion from the College Football Playoff in favor of 12-1 Texas and 12-1 Alabama. But the first line of the lawsuit's introduction was telling:

“The stunning exclusion of the ACC’s undefeated football champions from the 2023-2024 College Football Playoff (“CFP”) in deference to two single-loss teams from two rival Power Four conferences has highlighted the ACC’s years-long failure to fulfill its most fundamental mission Goals made clear commitments to FLORIDA STATE and its members.”

These obligations fall into two categories.

The first is financial. The SEC and Big Ten will soon pay their schools twice what FSU receives from the ACC — a difference of about $30 million per year, according to the Noles. FSU's lawsuit argues that the ACC's “incompetence at the bargaining table unfairly” harmed Florida State and its conference colleagues. Examples include lagging behind the SEC and Big Ten with the introduction of a conference TV network and an ESPN contract that is longer and shorter than the TV contracts for other major conferences.

This is part of the antitrust argument that Florida State is prevented from “competing in the market to obtain the best economic terms for its sports media rights, its student-athletes and its athletics programs in the relevant market.”

Florida State has targeted SMU in its lawsuit against the ACC. [ Times (2019) ]

The second area is sporting competition. The ACC failed to live up to its mission to be “at the forefront of sports” or to promote “high-quality competitive opportunities” for championship participation, the lawsuit says. The playoff rejection (due in part to FSU's weaker schedule) is a data point. Another reason is the ACC's decision to add Cal, Stanford and SMU — historically mediocre football programs that “further dilute the values ​​(media rights)” and “inevitably disadvantage ACC members vying for position in future CFPs.”

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ACC's handling (or mishandling) of these obligations is at the heart of FSU's seven-count complaint, including claims of breach of contract and “fundamental failure to perform or defeat the purpose of the contract.”

Another count focuses on the enforceability of an exit fee that could total $572 million. This figure comes from a payment of $130 million as well as the forfeiture of all media rights until 2036, when the ACC-ESPN deal is allowed to expire.

The FSU argues that these punishments are imposed “in terrorem” – out of fear – and “unscrupulously” over the heads of ACC members.

Not surprisingly, the ACC disagrees.

The ACC has filed its own lawsuit against Florida State. [ CHRIS URSO | Times (2017) ]

The Charlotte-based conference filed its own lawsuit against FSU trustees Thursday evening in Mecklenburg County (North Carolina) Superior Court. It argues that Florida State “knowingly and voluntarily” granted the ACC the “irrevocable” and “exclusive” TV rights to FSU home games through 2036 through the contract known as a grant of rights.

“ACC did not violate the grant of rights…” the lawsuit said.

FSU accepted and kept the millions of dollars paid out annually through this rights grant. Therefore, the ACC argues that the grant of rights remains – and so does the nine-figure penalty to avoid it.

So who is right? That will depend on a judge (or judges). Both filings are declaratory judgment actions – asking a judge to weigh the arguments and determine whether they are valid before taking formal action.

If FSU is right, the Noles have found their outlet for the Big Ten or SEC. Others like Clemson and North Carolina are likely to follow in a move that could cause the ACC to implode as a major conference and further consolidate the sport's competitive programs into the Power Two.

If the ACC is right, FSU must stay or find half a billion dollars to get out. A third option (a negotiated settlement) was raised by FSU's outside counsel, David Ashburn of the Greenberg Traurig law firm in Tallahassee.

Whatever the case, years of behind-the-scenes arguments and months of on-camera dissatisfaction converged within 24 hours late this week in arguably the most important matchup in Florida college sports history.

FSU vs. ACC.

Or ACC vs. FSU.

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