I included the basking spot in the temperature (its 98) his worm side is 86 (dropping to about 83 at night) at the moment and his cool side is 78 but it usually drops to 74 or 75 at night. I noticed that he started to get more aggressive when I made his enclosure more secluded (I covered the sides of his tank with black construction paper) before that he wouldn't even S-up at me.
TOO hot, enclosure TOO big he needs a much smaller enclosure as mentioned above, and the only move in the 40 gallon when full grown.