What has long been rumored and discussed is now official.

The Florida State Board of Trustees unanimously voted Friday morning to approve a lawsuit against the ACC and its "draconic" and "unenforceable" Grant of Rights agreement, which runs through 2036.

“We are faced with the fact that the ACC is locked into a deteriorating media rights contract at revenues far below other conferences,” FSU BOT chairman Peter Collins said. “It's one thing to fundraise and make up $7 million. It's another entirely to annually make up over $30 million to $40 million.”

The lawsuit is being filed on seven counts including restraint of trade, unenforceable penalties, breach of contract, breach of fiduciary duty and violation of public policy.

Outside counsel David Ashburn of Greenberg Traurig, LLP laid out the university's case and is expected to begin the legal filing process Friday at a Tallahassee circuit court. Due to the holidays, it's not expected to take further steps until after Christmas on Monday.

Per Ashburn's findings, the current total for withdrawal from the ACC between the ACC's $120 million exit fee and breach of the ACC Grant of Rights agreement would be $572 million. That's risen substantially from the absence of any exit fee until 2010 and was just over $52 million as recently as August of 2013.

With the August 15 deadline passed, the soonest that FSU could get out of the ACC would be July 1, 2025 if it notifies the ACC by August 15, 2024.

As part of FSU's legal filing, Ashburn stated they would be able to acquire legal documents that they otherwise haven't been able to acquire without traveling to the ACC's headquarters. This would mean that the fully executed ACC-ESPN Grant of Rights, which has not been in the public view, could become part of the court documents and could be available for review by the Board of Trustees after the Christmas holiday.

“We've been working on this for probably over a year now,” FSU president Richard McCullough said. “It is difficult because the contracts are not available to us and so if we want to view them, we have to go to the conference office and look at them, which I don't really understand exactly why somebody would operate in that way. That's sort of not the way business is generally done. One wonders if that's a protection mechanism or what. I don't know, but it takes a lot of work.”

Florida State leaders have been pushing for unequal distribution of revenue for more than a year. The ACC agreed in May to create a “success initiative” system that would direct more revenue to schools that have postseason success in football and basketball. Just a week before the end 2023, no proposal has been made public although the ACC office has clarified that the vote must be approved by the league’s presidents and chancellors.

The unusually long media rights deal with ESPN doesn’t allow for school leaders to close the revenue gap in a competition with schools in the SEC and Big Ten.

“We have to evaluate all of our options and make decisions here that are going to have a 10-, 20-year impact on us,” Florida State athletics director Michael Alford said. “Some of those we don't even see or feel in the immediate effects of it. But as I sit here, this isn't a relationship decision or issue at all. It is a simple math problem. A very clear math problem.”

Trustees have also voiced concerns about the revenue gap and how it could impact women’s sports. Florida State claimed a fourth women’s soccer national title earlier this month and was the national runner-up in softball in June (the program won the 2018 national title).

“In my mind, albeit we are looking out for the best interests of our student-athletes and our university, we're also fighting for equitable competition, which I think everybody can get behind and be supportive of,” trustee Drew Weatherford said. “Without leveling the playing field, there are literally going to be 50 to 70 schools waking up every year pretending to be competing for something they really have no chance to compete for.”

FSU quickly uploaded its legal complaint against the ACC as well as communicated its actions in an email to boosters. You can read the 38-page legal document below:

FSU has released its legal complaint

ACC commissioner Jim Phillips quickly issued 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. 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. ...

"We are confident that the Grant of Rights, which has been honored by all other universities who signed similar agreements, will be affirmed by the courts and the Conference’s legal counsel will vigorously enforce the agreement in the best interests of the ACC’s current and incoming members.”

It also became known after FSU's filing was made that the ACC filed a lawsuit against FSU's Board of Trustees on Thursday in North Carolina.

Osceola editor Bob Ferrante contributed

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