(a) Except as provided in subsection (b), a person may not:
(1) Operate an unmanned aircraft system within a horizontal distance of 500 feet or a vertical distance of 200 feet from a facility; or
(2) Operate an unmanned aircraft system to conduct surveillance of or photograph or otherwise record images of a facility.
(b) Subsection (a) does not apply to the use of an unmanned aircraft system by:
(1) The Alabama Department of Corrections;
(2) A person authorized by federal regulations to operate an unmanned aircraft system and who is operating the system in a lawful manner and consistent with federal regulations;
(3) The Armed Forces of the United States of America;
(4) The Alabama National Guard; or
(5) Any of the following with prior written permission from the Commissioner of the Department of Corrections:
a. A contractor working on behalf of the Department of Corrections;
b. Any state or federal law enforcement agency or public safety agency responding to an emergency;
c. A person engaged in official emergency functions or emergency management; or
d. Any state or federal public utility.
(c) A violation of this section is a Class C felony and a person violating this section shall be fined not less than two thousand five hundred dollars ($2,500). The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the Department of Corrections or county jail for not less than 30 days.