Walton County board finds no probable cause in complaint against qualifying agent Brian Allen

On Jan. 29, 2025, a Walton County board convened in an open meeting and voted not to find probable cause in Case No. 25-01, a complaint alleging that Brian Allen, a registered qualifying agent, abandoned work on one of three high-value residential projects and therefore should face discipline or further investigation.

The finding matters because, as meeting facilitator Frankie explained, a finding of probable cause would direct the Walton County Building Department to investigate and — if warranted — bring an evidentiary hearing before the board; if the board declines to find probable cause, no county investigation follows. Walton County Building Official Billy Bearden earlier told the board the complaint was referred from the Florida Department of Business and Professional Regulation and that he and three reviewers had initially determined probable cause was not established.

The complaint, presented by attorney Aaron White of Dunlap & Shipman for the property owner identified in the packet as the complainant, alleged that Allen, as the qualifying agent for SHS Contracting, abandoned his duties and thus bore responsibility under state contractor-licensing law. White cited Florida statutes addressing qualifying-agent responsibilities and argued those duties are “jointly and equally responsible for supervision of all operations of the business organization, for all field work at all sites, and for financial matters,” and that Allen left the state in July 2022 and did not file the appropriate termination paperwork until Aug. 30, 2023, after work on the projects had continued under another contractor’s name.

Attorney Dana Matthews, representing Brian Allen, countered that the complaint’s core allegation — that Allen was the contractor who abandoned Lot 1 at the Saltmarsh property — was not supported by the county records. Matthews said Allen had worked as a qualifying agent and superintendent at times, but that permits for the lot at issue were not pulled in Allen’s name and were issued only after he had left SHS Contracting. Matthews also noted permitting and company disputes between SHS and the owner, and described ongoing civil litigation between those private parties.

Several factual details were discussed but not resolved at the meeting: counsel for the complainant said SHS used another contractor, Tommy Likens, to pull permits (which the complainant called a “rented license”) and that two other houses tied to the dispute were listed on the market for about $3 million each; defense counsel said the state portal and county files showed the permits and licensing history were more complicated and that approvals at the state level took many months. Building Official Bearden told the board that his initial review with three colleagues did not find probable cause.

After board members debated whether the absence of a permit or the timing of a qualifying-agent withdrawal met the statutory threshold for probable cause, a motion was made to find no probable cause. The motion was seconded by Robert Andrews, and the chair announced the motion carried in a voice vote. The board then adjourned.

The decision closes county-level action on Case No. 25-01 unless the DBPR or other authorities pursue further action. No formal disciplinary action or evidentiary hearing will occur at the county level based on the board’s finding that probable cause was not present.