The Florida State board of trustees voted unanimously Friday to sue the ACC to challenge the legality of the league’s grant of rights and its $130 million withdrawal fee, a necessary first step to plot the school’s future and potential exit from the conference.
The 38-page lawsuit, filed in Leon County Circuit Court in Tallahassee, Florida, seeks a declaratory judgment against the ACC to void the grant of rights and withdrawal fee as “unreasonable restraints of trade in the state of Florida and not enforceable in their entirety against Florida State.”
The university alleges “chronic fiduciary mismanagement and bad faith” in the way the ACC has handled its multimedia rights agreements and undermined its members’ revenue opportunities. Florida State is also accusing the ACC of breach of contract and failure to perform.
“I believe this board has been left no choice but to challenge the legitimacy of the ACC grant of rights and its severe withdrawal penalties,” board chair Peter Collins said. “None of us like being in this position. However, I believe that we have exhausted all possible remedies within the conference and we must do what we believe is best for Florida State not only in the short term but in the long term.”
Florida State is now in unprecedented territory. No school has ever challenged a grant of rights in court.
ACC officials have previously used the word “ironclad” to describe the document, and that has been the operating assumption from leagues across the country — believing the language in the document is so rigid it would prevent schools from leaving. But because no school has ever challenged the document in court, nobody actually knows whether it is, indeed, as ironclad as described.
ACC commissioner Jim Phillips and Virginia president Jim Ryan, chair of the ACC board of directors, lamented Florida State’s “unprecedented and overreaching approach” in a statement.
“Florida State’s decision to file action against the Conference is in direct conflict with their longstanding obligations and is a clear violation of their legal commitments to the other members of the Conference,” the statement said. “All ACC members, including Florida State, willingly and knowingly re-signed the current Grant of Rights in 2016, which is wholly enforceable and binding through 2036. Each university has benefited from this agreement, receiving millions of dollars in revenue and neither Florida State nor any other institution, has ever challenged its legitimacy.”
At issue is what Florida State has described over the past year as not only growing revenue gaps with the SEC and Big Ten, expected to be $30 million annually per school, but disagreements over the way media rights money should be distributed within the ACC. Although the ACC recently adopted success initiatives to reward teams for performance in football and men’s and women’s basketball, Florida State has pushed for television money to be distributed unevenly based on media value to the conference. The ACC has refused.
“This is not where I would prefer to have ended up,” university president Richard McCullough said. “I would prefer a different pathway, but I feel in many ways we’ve exhausted all other options, and you can’t wish and hope that somehow they’ll get fixed.”
What happened Friday did not materialize over the past three weeks. Although the College Football Playoff snub earlier this month was seen as a last straw, Florida State’s legal counsel and an outside law firm have been reviewing the grant of rights for well over a year and began working on legal arguments this summer — spurred forward after an August board of trustees meeting in which trustees demanded a plan of action by the following August.
At that meeting, Florida State made it clear it would consider leaving the ACC over its concerns.
“Our actions today are less about the events of the last two weeks and far more about the actions of the ACC leadership over the past 10 years and what confronts FSU in the ACC over the next 13 years,” Collins said.
Florida State and all other ACC members signed a grant of rights with the league that runs through 2036, the length of its television contract with ESPN. The grant of rights gives the conference control over its media rights — including television revenue and home game broadcasts in all sports. In addition, any school that wants to leave the ACC would have to pay an exit fee of three times the league’s operating budget, or roughly $130 million.
All told, the university estimates the total exit fee, including the forfeiture of television revenue, would be $572 million.
David Ashburn, managing shareholder of Greenberg Traurig in Tallahassee, the outside law firm handling the case, walked trustees through the lawsuit during Friday’s meeting, detailing what the university believes is fiduciary mismanagement in the way the ACC has handled its media rights agreements with ESPN and withdrawal penalties going back to 2010.
The university alleges that when the ACC reached an extension of its media rights with ESPN in 2016, the agreement granted the network a unilateral option to extend the deal an additional nine years beyond its expiration on June 30, 2027, or until 2036. Florida State also alleges the ACC told its members that ESPN had issued an ultimatum: Unless the members extended the grant of rights from 2027 to 2036, ESPN would not enter into further media agreements with the conference. FSU said it agreed to the grant of rights extension based on this representation.
In addition, the university alleges the 2016 extension locked in league members to the same rates negotiated in the previous 2012 multimedia rights contract with ESPN. That left league members with the same revenue package for 24 years — all while other conferences had the ability to renegotiate their contracts and increase their revenue.
If a judge grants declaratory judgment in favor of Florida State, the school would be able to leave the ACC without penalty. The departure would have to be effective Aug. 14, 2023, backdated to ensure Florida State could leave the conference in the event of new bylaws being put into place.
The ACC will have an opportunity to file a response to the complaint. If the judge declines to issue a judgment in favor of either side, Florida State and the ACC could be sent to mediation to negotiate a resolution.
“Honestly, when we lose, I don’t even get in the shower until early this morning. I’ll just be mad. I just brush my teeth. It’s like, I don’t deserve soap.” — Syracuse head coach Fran Brown
Here at Bottom 10 Headquarters, located behind the “sorry, not sorry” bouquet of water hemlocks sent to the Big 12 officiating office from Utah athletic director Mark Harlan, we know all too well the sting of losing football games. We see it every week in every game we watch.
Yeah, yeah, we know what you’re thinking. “Come on, dummy, someone loses every game that anyone watches.” That’s true. At least now it is. We are also old enough to remember when games ended in ties. That was way worse.
But here in the Bottom 10 Cinematic Universe, losses are worse because that’s all you experience. You’d think we’d get used to it, numb from the pain like when you keep accidentally biting that same spot on your tongue to the point that it just becomes sensory free. But instead, it’s like Bruce Banner explained about being the Hulk: “You see, I don’t get a suit of armor. I’m exposed. Like a nerve. It’s a nightmare.”
However, as we learned in “Age of Ultron,” even after one of his worst losses, Bruce Banner does take a shower. So, Coach Brown, take it from us, in a world where every team has a helluva lot more losses than Syracuse … dude, wash up. Seriously. We can smell you from here. And we’re in Kent, Ohio.
With apologies to Mr. Clean, former Miami (Ohio) quarterback Mike Bath, former Southern Illinois running back Wash Henry and Steve Harvey, here are the post-Week 11 Bottom 10 rankings.
The Golden(plated) Flashes are still America’s last winless FBS team, losing their 18th straight game when they were edged by Ohio 41-0. Now they travel to My Hammy of Ohio, where they are given a 2.8% chance to win by the ESPN Analytics Ouija board, er, I mean Matchup Predictor. But honestly, that game will only be the appetizer ahead of the, yes, Week 13 main course that is the Wagon Wheel showdown with Akronmonious. And by appetizer we mean way-past-the-expiration-date freezer-burned mini-pizza bagels.
The New Owls not only used their talons to snatch defeat from the jaws of victory at UTEP, losing in double overtime, they earned Bottom 10 Bonus Points for firing their head coach — and during their first year as an FBS team, no less. Though the AD issued a statement that Brian Bohannon had “stepped down,” Bohannon himself responded on social media: “Contrary to what’s been reported, I want to be clear that I did not step down.” But there is no confusion as to whether the Owls have stepped up or down in these rankings, where every move up is also a move down.
Brett Favre Funding U. lost to We Are Marshall 37-3, meaning all eight of their defeats this season have been by double digits. In related news, I also received double digit political texts on Election Day — and one of those was from Favre. No, for real. I wonder, did he cover the data charges himself or did he steal change from the donation jar at his grocery store checkout?
Sometimes in this life we are asked to do things that go against the fiber of our being. Like taking your daughter to the concert of an artist you’ve never heard of. Or me having to use Earth’s most annoying instrument, the leaf blower. This weekend this team of Minutemen will be asked to try to defeat Liberty.
5. The Sunshine State
The Coveted Fifth Spot has never been more crowded. The FBS, FCS and NFL teams of Florida posted a 1-11 record over the weekend, salvaged only by the Miami Dolphins’ win over the Los Angeles Rams on “Monday Night Football.” UC(not S)F, US(not C)F, FA(not I)U, Stetson, Florida A&M and Bethune-Cookman all lost, led in misery by the Wildcats’ five-overtime loss to Southern. The Flori-duh Gate Doors celebrated the announced retaining of coach Billy Napier by losing to Texas in a squeaker 49-17. And My Hammy of Florida finally spotted an opponent a lead too large for a Cam Ward comeback and took its first loss of the season, falling to unranked Georgia Tech. If only someone else in the state could relate to that …
The Semi-No’s are continuing to work around the Coveted Fifth Spot by earning their Bottom 10 keep the old-fashioned way, not only losing to semi/sorta/kinda ACC member Notre Dame by a scant 52-3, but also earning a pile of their own Bottom 10 Bonus Points not by firing head coach Mike Norvell, but because Norvell fired both his offensive and defensive coordinators and a wide receivers coach. In related news, over the weekend a friend of mine steered his bass boat into a giant pile of sharp rocks and reacted by throwing his shirt and hat overboard.
It was three weekends ago that the Buttermakers lost to then-second-ranked Oregon 35-0. On Saturday, they lost to then-second-ranked Ohio State 45-0. Now they play sixth-ranked Penn State, and in two weeks end their season playing currently eighth-ranked Indiana. We have to assume that a team of professors from Purdue’s legendary mechanical engineering department is studying this experience as a way to assess the stress put on a school bus that is attempting to drive over a lava field covered in landmines.
The Minors have a weekend off to continue their post-Kennesaw victory party. And what’s the best way to snap yourself out of a two-week hangover? Hair of the dog? A cold bucket of water over the head? How about the hair of a coontick hound and a bucket of water from the river during a Week 13 trip to Neyland Stadium to play Tennessee?
Whatever is left of UTEP after Knoxville will then play whatever is left of the Other Aggies after their Week 12 trip to face the OG Aggies of Texas A&M. If there’s any justice in this world, then the loser and/or winner of that Aggie Bowl would go on to play …
The Other Other Aggies lost to the one-loss team the nation forgot about, Warshington State. But if you consider the week before that, we find a Bottom 10 conundrum. Utah State beat WhyOMGing? but the week before that lost to Whew Mexico by five points. Meanwhile, Wyoming, who lost to Utah State two weeks ago, spent last weekend beating New Mexico by five points. Perhaps we will be given some clarity when Wyoming ends the year at Washington State. Or perhaps we will have already given up. As so many here in the Bottom 10 seem to do.
Waiting list: Miss Sus Hippie State, Georgia State Not Southern, FA(not I)U, Akronmonious, Meh-dle Tennessee, WhyOMGing?, Temple of Doom, Living on Tulsa Time, You A Bee?, Standfird, people who put all those election signs up but now won’t take them down.
NEW YORK — An arbitrator upheld five-year suspensions of the chief executives of Bad Bunny’s sports representation firm for making improper inducements to players and cut the ban of the company’s only certified baseball agent to three years.
Ruth M. Moscovitch issued the ruling Oct. 30 in a case involving Noah Assad, Jonathan Miranda and William Arroyo of Rimas Sports. The ruling become public Tuesday when the Major League Baseball Players Association filed a petition to confirm the 80-page decision in New York Supreme Court in Manhattan.
The union issued a notice of discipline on April 10 revoking Arroyo’s agent certification and denying certification to Assad and Miranda, citing a $200,000 interest-free loan and a $19,500 gift. It barred them from reapplying for five years and prohibited certified agents from associating with any of the three of their affiliated companies. Assad, Miranda and Arroyo then appealed the decision, and Moscovitch was jointly appointed as the arbitrator on June 17.
Moscovitch said the union presented unchallenged evidence of “use of non-certified personnel to talk with and recruit players; use of uncertified staff to negotiate terms of players’ employment; giving things of value – concert tickets, gifts, money – to non-client players; providing loans, money, or other things of value to non-clients as inducements; providing or facilitating loans without seeking prior approval or reporting the loans.”
“I find MLBPA has met its burden to prove the alleged violations of regulations with substantial evidence on the record as a whole,” she wrote. “There can be no doubt that these are serious violations, both in the number of violations and the range of misconduct. As MLBPA executive director Anthony Clark testified, he has never seen so many violations of so many different regulations over a significant period of time.”
María de Lourdes Martínez, a spokeswoman for Rimas Sports, said she was checking to see whether the company had any comment on the decision. Arroyo did not immediately respond to a text message seeking comment.
Moscovitch held four in-person hearings from Sept. 30 to Oct. 7 and three on video from Oct. 10-16.
“While these kinds of gifts are standard in the entertainment business, under the MLBPA regulations, agents and agencies simply are not permitted to give them to non-clients,” she said.
“While it is true, as MLBPA alleges, that Mr. Arroyo violated the rules by not supervising uncertified personnel as they recruited players, he was put in that position by his employers,” Moscovitch wrote. “The regulations hold him vicariously liable for the actions of uncertified personnel at the agency. The reality is that he was put in an impossible position: the regulations impose on him supervisory authority over all of the uncertified operatives at Rimas, but in reality, he was their underling, with no authority over anyone.”
Tampa Bay Rays shortstop Wander Franco on Wednesday was assigned monthly court-mandated check-ins while he awaits a court date to face charges of illegal use and possession of a firearm related to his arrest on Sunday after an armed altercation in the Dominican Republic countryside.
Franco, 23, was arrested in San Juan de la Maguana, 116 miles west of Santo Domingo, after what police said was an altercation in the parking lot of an apartment complex in which guns were drawn. Franco was held for questioning by police and granted provisional release.
He was brought by military police to court on Wednesday for his arraignment wearing a light grey hoodie covering his head and most of his face and kept his head bowed as he was led into the courtroom. He did not speak to reporters.
Prosecutors said a Glock with its magazine and 15 rounds of ammunition registered to Franco’s uncle was found in Franco’s black Mercedes-Benz at the time of the altercation.
The confrontation occurred Sunday between Franco, another man and the father of that man over Franco’s relationship with a woman prosecutors said lived in the apartment complex.
There were no injuries, and the involved parties agreed they will not press charges.
The use and possession of illegal firearms carries a maximum sentence of three to five years plus a fine. As part of Franco’s supervised release he will be responsible for checking in at the San Juan de la Maguana court on the 30th of each month. No court date has yet been assigned to hear the weapons charge.
Franco, who was placed on indefinite administrative leave from Major League Baseball on Aug. 22, 2023, is due to stand trial in the Dominican Republic on Dec. 12 in a separate case involving charges of sexual abuse, sexual exploitation against a minor and human trafficking that could result in a sentence of up to 20 years.
Franco was placed on MLB’s restricted list in July, sources had told ESPN, after prosecutors in the Dominican Republic accused him of having a sexual relationship with a then-14-year-old girl.
He is also under an MLB investigation under its domestic violence, sexual assault and child abuse policy until the case is resolved.
The court summoned Franco and the mother of the girl for the trial after an investigation that opened in 2022. The case will be heard by a panel of three or five judges.
The Rays gave Franco an 11-year, $182 million extension in 2021, just 70 games into his major league career.
He made the All-Star team for the first time in 2023.
Information from The Associated Press was used in this report.