Details around the specific legal step in which FSU leaders plan to take are 'unclear'getty images
Florida State is "expected to soon start the process of its long-discussed divorce from the ACC," as the school's conference affiliation is at the center of a scheduled BOT meeting tomorrow that "could produce a formal legal filing in what many describe as the first step to achieving an exit from the ACC’s binding grant-of-rights agreement," according to sources cited by Ross Dellenger of YAHOO SPORTS. Details around the specific legal step in which FSU leaders plan to take are "unclear," but legal experts say that the school "could seek what’s called a 'declaratory judgment action' in an effort to get a judge to rule that the school is not bound to its contract with the ACC." The legal step's "aim is the grant of rights," a legal document between the ACC, its members and TV partner ESPN "binding the parties to one another through the 2035-36 academic year." Any filing "would, presumably, be made in a local court friendly to the school’s interests." This week’s potential legal move is "not expected to serve as a notice of departure to the ACC," and any departure "would be at least more than a year away." However, such a legal foray "could set the stage for more ACC programs to follow suit, challenging the league and its grant of rights" (YAHOO SPORTS, 12/21).
THE BIGGER PICTURE: ESPN.com's Pete Thamel wrote the “lack of a playoff appearance appears” is
causing Florida State to refocus “on the school's next big-picture move.” That would “set the stage for a legal standoff between FSU and the ACC,” which “could be one of the highest-stakes legal battles in college athletics history.” According to sources, Florida State officials and lawyers “have gone to the ACC's office at least a half-dozen times to dissect and analyze the legal language in the league's grant of rights,” as copies “are not permitted outside league offices.” And while the move “won't come with any other schools immediately joining,” others are “plotting a similar sequence -- explore the legal opportunities of unwinding from the grant of rights, which would likely take months,” and then “eventually leave the league if that's both financially tenable and there's a safe landing spot.” And while there “won't be an immediate avalanche of programs that follow FSU,” it “could be the start of bad news coming for the ACC in drip-drip-drip fashion” (
ESPN.com, 12/20).
WHAT IS THE NEXT MOVE? THE ATHLETIC’s Nicole Auerbach wrote despite his “clamoring for change and perhaps an early exit,” FSU AD Michael Alford said that his relationships within the ACC and with Commissioner Jim Phillips remain “great” and that his peers understand he is “pushing for Florida State’s best interests.” He said that he “does not think independence is a ‘true option’ for the Seminoles right now due to scheduling concerns and the media landscape,” but he admitted that he “considered it briefly.” He remains focused on figuring out how to “best position Florida State for the uncertain future of college athletics.” The tension between the “haves and the have-nots continues to grow,” and the more pressing issue for Florida State is how to “remain a ‘have’ in a conference that will bring in less money than the SEC and the Big Ten,” with some peers “who do not want to win big in football at all costs.” FSU President Richard McCullough said that the key is to “figure out how to do that through the school’s myriad revenue streams,” from fundraising efforts to the distributions from the ACC. School sources said that the Florida State athletic department has been working with JP Morgan Chase “toward exploring the possibility of raising capital through investment from a private equity firm,” as it “examines new ways to bring in additional revenue streams without changing conference affiliation” (THE ATHLETIC, 12/20).
