Exhibit 23 CONSENT OF INDEPENDENT REGISTERED CERTIFIED PUBLIC ACCOUNTING FIRM We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-18875, 333-55132, 333-125099 and 333-131475) of Patriot Transportation Holding, Inc. of our report dated December 03, 2008 relating to the consolidated financial statements and the effectiveness of Patriot Transportation Holding, Inc's internal control over financial reporting which appears in the Annual Report to Shareholders incorporated by reference. We also consent to the incorporation by reference of our report dated December 3, 2008, relating to the financial statement schedules, which appear in this Form 10-K. Hancock Askew & Co., LLP Savannah, Georgia December 3, 2008 ____________________